HomeMy WebLinkAbout20001340.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
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 (14lots 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.
be recommended favorably to the Board of County Commissioners 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.
4) No intergovernmental agreements presently influence this site.
EXHIBIT
2000-1340
Coz 531
�LN/U
RESOLUTION Z-539
Katherine Oliver/ Meadow Vale Farm Phase II
Page 2
5) Comprehensive Plan W.Goal 1 states"New developments should be locatedand
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 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.
RESOLUTION Z-539
Katherine Oliver/ Meadow Vale Farm Phase II
Page 3
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 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 acrossWCR
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 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.
RESOLUTION Z-539
Katherine Oliver/ Meadow Vale Farm Phase II
Page 4
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 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.
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.
RESOLUTION Z-539
Katherine Oliver/Meadow Vale Farm Phase II
Page 5
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.
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.
RESOLUTION Z-539
Katherine Oliver/Meadow Vale Farm Phase II
Page 6
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 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.
RESOLUTION Z-539
Katherine Oliver/Meadow Vale Farm Phase II
Page 7
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.
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)
RESOLUTION Z-539
Katherine Oliver/ Meadow Vale Farm Phase II
Page 8
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 pads 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)
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)
RESOLUTION Z-539
Katherine Oliver/Meadow Vale Farm Phase II
Page 9
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 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. (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 Sheriff's 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)
RESOLUTION Z-539
Katherine Oliver/Meadow Vale Farm Phase II
Page 10
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 property to the north 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 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.
L) 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 and trail reservation 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
RESOLUTION Z-539
Katherine Oliver/ Meadow Vale Farm Phase II
Page 11
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 over4,000 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 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)
RESOLUTION Z-539
Katherine Oliver/Meadow Vale Farm Phase II
Page 12
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)
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)
RESOLUTION Z-539
Katherine Oliver/ Meadow Vale Farm Phase II
Page 13
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)
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)
Motion seconded by Stephen Mokray.
RESOLUTION Z-539
Katherine Oliver/Meadow Vale Farm Phase II
Page 14
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nicklas
John Folsom
Michael Miller
Bryant Gimlin
Stephen Mokray
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on April 18, 2000.
Dated the 18th of April, 2000.
aimAtaLIL
Trisha Swanson
Secretary
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