HomeMy WebLinkAbout20001339.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #539 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - 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 12th day of July, 2000, at 10:00 a.m. for
the purpose of hearing the application of Katharine Oliver, do BHA Design, Inc., 4803
Innovation Drive, Fort Collins, Colorado 80525, requesting a Change of Zone from the A
(Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for 14 single
family residential lots, a building site and open space dedication for the Weld County Library
District, and reservation for the Civic Use for a parcel of land located on the following described
real estate, to-wit:
SW1/4 of Section 4,Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Bruce Hendee, BHA Design, Inc., and
WHEREAS, Section 5.3 of the Weld County Planned Unit Development Ordinance
provides standards for review of such a Change of Zone, 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
5.3 et seq., of the Weld County Planned Unit Development Ordinance.
2. The request is in conformance with Section 6.4.4 of the Weld County Planned
Unit Development Ordinance #197 as follows:
a. Section 6.4.4.6.1 -- The proposal is consistent with the Weld County
Comprehensive Plan, Mixed Use Development Plan, and any
Intergovernmental Agreement in effect influencing the Weld County
Planned Unit Development, Zoning, and Subdivision Ordinances.
1) Comprehensive Plan PUD.Goal 2 -- This site is proposing to
integrate community facilities with wetland preservation and low-
density residential development.
2) Comprehensive Plan A.Policy 7 -- The Department of Planning
Services will require the Right to Farm Covenant to appear on the
recorded final✓l plat.
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3) Comprehensive Plan MUD.Goal 6 -- All applicable standards and
regulations of the Mixed Use Development, Planned Unit
Development and Zoning Ordinances, along with the
Comprehensive Plan, shall be integrated in the design of the Final
Plan.
4) No intergovernmental agreements presently influence this site.
5) Comprehensive Plan W.Goal 1 -- The applicant is proposing a
ten-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 -- 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 6.4.4.6.2 -- 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.
1) Section 2.1 -- Access to this Planned Unit Development will be
from Weld County Road 5.5. The application is within the
Southwest Weld Road Impact Fee Area #1 and shall require
payment of impact fees at the time a building permit is applied for.
2) Section 2.2 -- The site will maintain compliance with the Mixed
Use Development standards regarding screening and buffering of
the property.
3) Section 2.3 -- The proposed residential lots shall adhere to the
bulk requirements of the R-1 (Low Density Residential) Zone
District, outlined in Section 32.7 of the Weld County Zoning
Ordinance.
4) Section 2.4 -- 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.
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5) Section 2.5 -- As proposed the site meets the open space
requirements of the Mixed Unit Development 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) Section 2.6 -- Meadow Vale, Phase I, is west of and adjacent to
the property across Weld County Road 5.5. Meadow Vale, Phase
II, shall be compatible with Phase I. The site will maintain
compliance with the Mixed Use Development standards regarding
screening and buffering of the property. The proposed residential
lots shall adhere to the bulk requirements of the R-1 Low Density
Residential) Zone District outlined in Section 32.7 of the Weld
County Zoning Ordinance. The property 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) Section 2.7 -- The Final Plat shall not be recorded 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 Colorado license
engineer, has been provided and approved by the Department of
Public Works.
8) Section 2.8 -- 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) Section 2.9 -- This proposal shall adhere to Section 12 of the
Subdivision Ordinance, Section 2.6 of the Planned Unit
Development Ordinance, and Section 2.6 of the Mixed Use
Development Plan. A detailed landscaping, berming and
screening plan, along with a maintenance and planting schedule,
shall be submitted with the Final Plan application.
10) Section 2.11 -- This proposal is located within the Mixed Use
Development area and does propose to adhere to the Mixed Use
Development standards when the attached conditions are met.
11) Section 2.12 -- Permanent reference monuments shall be set on
the Planned Unit Development according to the Subdivision
Ordinance and Section 30-51-101, et seq., C.R.S.
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12) Section 2.14 -- 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 Section 2.6.3 of the Mixed Use Development
Plan. 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) Section 2.15 -- A detailed landscaping, berming and screening
plan, along with a maintenance and planting schedule, shall be
submitted with the Final Plan application.
14) Section 2.16 -- This application is intended to be served by Left
Land Water District, and the Weld County Department of Public
Health and Environment reviewed this case in accordance with
this consideration in place. In a letter from Left Hand Water
District dated January 13, 2000, it appears that 15 residential lots
can be adequately served with water.
15) Section 2.18 -- For the purpose of review, this application is
considered urban-scale and shall adhere to the requirements of
urban-type developments.
16) Section 2.19S -- 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.
17) Section 2.20 -- Sewer for this site is proposed by the St. Vrain
Sanitation District. The St. Vrain Sanitation District has
commented in a letter dated December 22, 1999, that it has the
ability to provide service to this site for 14 residential lots and one
branch library site.
c. Section 6.4.4.6.3 -- The uses which will 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 affected
municipalities. The proposed Planned Unit Development site does
comply with the Weld County Mixed Use Development Structural Land
Use Map 2.1, 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. The Development Standards and
Conditions of Approval shall mitigate any negative impacts of this location
choice. Presently, the site is adjacent to an existing residential
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subdivision, Meadow Vale Farms, Phase I, with the remaining land uses
being agricultural.
d. Section 6.4.4.6.4 -- The Planned Unit Development Zone District shall 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 Left Hand Water and St. Vrain
Sanitation Districts 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 6.4.4.6.5 -- The Weld County Public Works Department reviewed
this application and finds the submitted materials adequate.
f. Section 6.4.4.6.6 --A proposed Off-site Road Improvements Agreement
and an On-site Improvements Agreement are in compliance with the
Weld County Subdivision Ordinance. These preliminary agreements
have been reviewed by the Department of Public Works and are found to
be adequate.
g. Section 6.4.4.6.7 -- The entire site is within 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 Letter of Map Approval from FEMA prior recording the
Change of Zone plat.
h. Section 6.4.4.6.8 -- Consistency exists between the proposed Zone
District, 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, as follows:
a. Section 6.3.1 -- 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 -- The applicant has satisfactorily addressed the majority of
service provision impacts in the application materials. Additional
requirements of the Weld County Department of Public Works are
addressed through the attached Conditions of Approval.
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c. Section 6.3.3 -- 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 Weld County Mixed Use
Development and Comprehensive Plans regarding on-going
maintenance, planting schedules, compatibility with adjacent land uses,
screening, and consistent treatment of State Highway 119.
d. Section 6.3.4 --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 Mixed Use Development Plan.
e. Section 6.3.5 -- The application proposes 30.21 acres of common open
space, or 68 percent of the site. The applicant shall establish a
Homeowners' Association in accordance with the requirements of Section
6.3.5 of the Weld County Planned Unit Development Ordinance.
f. Section 6.3.6 -- The applicant shall meet the requirements of Section 2.8
of the Mixed Use Development Plan 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 -- The proposed Change of Zone does lie within the Mixed
Use Development area and requires adherence to all Mixed Use
Development standards.
h. Section 6.3.8 -- The proposed Change of Zone does not lie within any
Intergovernmental Agreement area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Katharine Oliver, c/o BHA Design, Inc., for a
Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit Development)
Zone District for 14 single family residential lots, a building site and open space dedication for
the Weld County Library District, and reservation for the Civic Use on the above referenced
parcel of land be, and hereby is, granted subject to the following conditions:
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.
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2. The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and Environment, and
Planning Services, and all applicable adopted Weld County ordinances and
policies.
3. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
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-way, and adjacent
properties.
6. The Right To Farm Covenant, as stated in the Weld County Comprehensive
Plan, shall be recognized at all times.
7. The applicant shall obtain water from the Left Hand Water District and sewer
service from the St. Vrain Sanitation District.
8. 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. Silt fences shall be maintained on the down gradient
portion of the site during all parts of the construction phase of the project.
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
Environment, a Fugitive Dust Control Plan must be submitted.
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.
11. Wetlands shall be preserved as Open Space.
12. The assessed fee associated with the Southwest Weld County Road Impact Fee
Program shall be paid at the time of building permit application.
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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.
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.
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.
16. The main access to the Planned Unit Development shall be incorporated into the
Weld County Road 5.5 widening plans to match asphalt grades, curb, gutter and
sidewalk.
17. Prior to the release of building permits, the applicant shall apply for and be
granted a Flood Hazard Development Permit.
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.
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.
20. All future signs, including entrance signs, shall be delineated on the plat and
shall require building permits.
21. Prior to recording the Change of Zone plat:
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.
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.
C. The applicant shall apply for a Conditional Letter of Map Approval from
FEMA.
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D. The applicant shall address concerns expressed in a referral dated
February 19, 2000, from the Colorado Department of Transportation.
Written evidence of a solution shall be provided to the Department of
Planning Services.
E. The applicant shall address the concerns of the Weld County Sheriff's
Office expressed 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.
F. All proposed street names shall be submitted to the Longmont Post
Office for review. Evidence shall be submitted to the Department of
Planning Services that a duplication of street names will not occur with
this proposed subdivision.
G. The applicant shall submit a proposed estimate for time of construction of
the Planned Unit Development.
H. The applicant shall enter into an Improvements Agreement Regarding
Collateral for all improvements to the Planned Unit Development.
I. 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.
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.
B. The realignment of Weld County Road 5.5 shall be recorded with the
Weld County Clerk and Recorder.
C. The applicant shall identify and illustrate how landscaping shall be
incorporated along State Highway 119 as outlined in Section 2.6.4 of the
Mixed Use Development Plan, and how this landscaping shall be
integrated into preserving the existing wetlands.
D. An opaque screen between the adjoining property to the north to avoid
conflict of uses as outlined in Section 2.6.2 of the Mixed Use
Development Plan.
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E. Lot and Block numbers shall be included on the plat.
F. The applicant shall illustrate the proposed drainage envelope and
landscaping and screening plan for the proposed civic site.
G. 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.
H. The applicant shall meet parking and internal site circulation
requirements of the Americans with Disabilities Act.
The applicant shall submit On-site Signage Plans which conform to the
sign regulations found in Section 2.8 of the Mixed Use Development
Plan.
J. Due to the land classification of Limiting Site Factor on Map 2.1 of the
Mixed Use Development Plan and Comprehensive Plan, the applicant
shall illustrate how the 30percent minimum Open Space requirement of
the library site, the civic site, and the residential sites shall be met.
K. The applicant shall provide evidence to the Department of Planning
Services that an agreement has been made between the Weld County
Library District and the applicant regarding the future dedication of the
library site and the library open space.
L. 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.
M. The following notes shall be placed on the plat:
1) The Change of Zone is from the A (Agricultural) Zone District to a
PUD (Planned Unit Development) Zone District for 14 Single
Family Residential lots, a building site and open space dedication
for the Weld County Library District , reservation for civic use and
trail reservation as indicated in the application materials and
subject to 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.
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2) The text of the Right to Farm Covenant as stated on Page 7-1 of
the Weld County Comprehensive Plan, effective March 25, 2000.
3) Proper building permits shall be obtained prior to any construction
or excavation.
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.
5) A building permit is required for the entrance sign to the
development.
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 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.
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.
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.
9) Complete drawings shall be submitted to the Mountain View Fire
Protection District for review.
10) At the time an application is accepted for a building permit, a Site
Plan Review will be done. A complete review of the building or
structure by the Weld County Department of Building or the fire
district may reveal other building issues or areas needing
attention.
11) The property owner shall be responsible for complying with the
Performance Standards of Section 2 of the Planned Unit
Development Ordinance.
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12) The property owner shall be responsible for complying with
Supplemental Procedures and Requirements of Section 8 of the
Planned Unit Development Ordinance.
13) The property owner shall be responsible for complying with
policies, goals, standards and regulations of the Mixed Use
Development Plan.
14) Personnel from the Weld County Departments of Public 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.
15) The parking lot area shall maintain compliance with Section 41of
the Weld County Zoning Ordinance and Section 2.6.3 of the
Mixed Use Development Plan.
16) The property owner shall be responsible for maintaining
compliance with Section 2.9 of the Weld County Mixed Use
Development Plan.
17) No development activity shall commence, nor shall any building
permit be issued on the property, until the final plan as been
approved and recorded.
18) The property owner shall be responsible for maintaining
compliance with the signage requirement of Section 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.
19) 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.
23. At the time of Final Plan submittal:
A. The applicant shall submit a Conceptual application for the Final Plat
phase of the Planned Unit Development.
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B. The portion of land under consideration as Meadow Vale Phase II, that is
also a part of Use by Special Review Permit#1199, shall be amended out
of Use by Special Review Permit#1199 prior to recording the Final Plat.
C The applicant shall submit a Landscaping, Berming and Screening Plan
along with a Maintenance and Planting Schedule.
D. 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.
E. The finalization of the dedication and alignment of Weld County Road 5.5
shall be completed.
F. A Traffic Study for Meadow Vale, Phase II, shall be completed by a
Colorado licensed engineer and submitted to the Department of Planning
Services.
G. 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.
H. The Developer shall be required to enter into a Road Improvements
Agreement to construct the remaining one-half of Weld County Road 5.5
as per Figure 5.5 of the Mixed Use Development Plan.
24. Prior to release of building permits, the applicant shall submit an application 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of July, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WE,.LD COUNTY, COLD DO
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ATTEST: /a /r 'dt?1a%ab� 1n�� ;L,Giu ui. V , % iki (_.
ara J. Kir eyer,'Chair
Weld County Clerk to the '.an
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BY: £ t) �o ��...n.iFT, J. ile, Pro-Tem
Deputy Clerk to the B ,I�U -
74 ��`� r . Baxter
PPR ED AST f2M:
,f Dale
AyKHall ///my Attorney
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Glenn Vaad L
2000-1339
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