HomeMy WebLinkAbout951322.tiffRESOLUTION
RE: GRANT P.U.D. (PLANNED UNIT DEVELOPMENT) FINAL PLAN AND SITE SPECIFIC
DEVELOPMENT PLAN FOR MCSTAIN ENTERPRISES, INC.
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 21st day of June, 1995, at 10:00 a.m. for the
purpose of hearing the application of McStain Enterprises, Inc., 75 Manhattan Drive, Suite 1,
Boulder, Colorado 80303-4254, requesting a P.U.D. (Planned Unit Development) Final Plan and
Site Specific Development Plan for a parcel of land located on the following described real estate,
to -wit:
The EA SW% of Section 5, Township 2 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Stephen Hanson, Vice President of Planning
and Development for McStain Enterprises, Inc., and Tom Hoyt, President of McStain Enterprises,
Inc., and
WHEREAS, Section 28.14 of the Weld County Zoning Ordinance provides standards for
review of such a P.U.D. Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld County
Planning Commission, and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in Section
28.9 et seq., of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 28.14 of the Weld County Zoning
Ordinance as follows:
a. The proposed P.U.D. Final Plan is consistent with the Weld County
Comprehensive Plan and is compatible with the future development as
permitted by the existing P.U.D. District and plans of affected municipalities.
The cities of Longmont and Mead have reviewed the request. Longmont
finds no conflict with its interest. Mead has numerous concerns about the
proposed development and the concerns are addressed in the additional
comments.
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b. The P.U.D. Final Plan conforms to the approved P.U.D. District. The Utilities
Coordinating Advisory Committee reviewed and conditionally approved the P.U.D.
utility plan at its May 25, 1995, meeting. The concerns of the Utilities Coordinating
Advisory Committee are addressed in the Conditions of Approval.
c. The proposed P.U.D. Final Plan conforms with the performance standards in
Section 35.3 of the Weld County Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of McStain Enterprises, Inc., for a P.U.D. (Planned Unit
Development) Final Plan and Site Specific Development Plan on the above referenced parcel of
land be, and hereby is, granted subject to the following conditions:
Prior to recording the P.U.D. Final Plan plat:
a. The Board of County Commissioners shall approve the subdivision
improvements agreement and the form of collateral. The security for the
agreement shall be tendered and accepted by the Board of County
Commissioners for the subdivision improvements agreement.
b. A drawing shall be submitted to the Department of Planning Services
showing the location of easements in relation to the proposed lot lines.
c. The plat shall be amended to show easements for the gas lines located in
the greenbelt. The easements shall be a minimum of six (6) feet from each
side of the gas line. No trees shall be planted within the easement.
d. A minimum 15 -foot perimeter easement on the east side of the property
shall be shown on the plat.
e. The utility plans shall be amended to show the location of backflow
preventers, the water master meter, blowoffs on the end of all water lines,
and stress blocks at each bend in the water lines.
f. The P.U.D. Final Plan is for a one -lot subdivision with 401 spaces for
modular homes. No space may be sold, conveyed, and/or transferred for
separate ownership from the P.U.D. Final Plan.
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9.
An agreement with the St. Vrain Valley School District RE -1J shall be
completed concerning the land dedication or cash -in -lieu to mitigate the
student impacts that would be created by this proposed development.
h. The landscape plan shall be amended to show/identify the location of
berms, fencing, signage, location, species, and number of plant materials.
The plat shall be amended to show a typical cross section of both Weld
County Road 3.5 and the interior road section showing width of right-of-way,
width and depth of pavement, base and shoulders, as approved by the Weld
County Public Works Department.
The plat shall be amended to show a paved auxiliary lane on Weld County
Road 3.5 between the primary access to Longview and State Highway 119
to separate right and left turn lanes.
2. The following notes shall be placed on the P.U.D. Final Plan plat prior to recording:
a. The uses permitted within the P.U.D. Final Plan include 401 modular spaces
for residential uses which comply with the P.U.D. Zone District requirements
and as described in the application materials.
b. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
c. Left Hand Water District shall provide domestic water service to all
residential uses within the P.U.D. Zone District.
d. St. Vrain Sanitation District shall provide sewage disposal to all residential
uses within the P.U.D. Zone District.
e. Installation of all utilities shall comply with Section 10 (design standards) of
the Weld County Subdivision Ordinance.
f. All uses within the P.U.D. Final Plan shall comply with the requirements of
the Mountain View Fire Protection District.
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g.
Access to the development shall be from one access off Weld County
Road 3.5. An emergency access shall be located to the north of the main
access on Weld County Road 3.5 and shall be secured at all times other
than in an emergency.
All streets within the P.U.D. Final Plan are private and shall be built to
County standards. The streets shall be maintained by the property owner
and/or developer.
Detached storage sheds shall not be allowed on any lot within the P.U.D.
Final Plan except when approved by the Architectural Control Committee.
Exterior illumination of homes, yards, garages, and driveways shall be
restricted as follows:
i. Sources of light shall be shielded so that beams of light will not shine
directly onto adjacent properties.
ii. Neither the direct nor the reflected light from any light source may
create a traffic hazard to operators of motor vehicles on public or
private streets.
k. All liquid and solid wastes shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
No permanent disposal of wastes shall be permitted at this site.
m. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
n. Fugitive dust shall be controlled on this site.
o. A stormwater discharge permit shall be obtained from the Water Quality
Control Division of the Colorado Department of Health for on -site
construction activities.
p. Prior to release of building permits for modular homes or the lease of spaces
in each phase, the improvements must be complete or collateral posted.
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3. Prior to the issuance of each building permit, the Architectural Control Committee
shall provide a letter to the Department of Planning Services indicating its approval
of the proposed structure.
The P.U.D. Final Plan shall comply with the requirements of the Mountain View Fire
Protection District, as described in the letter from Charles Boyes dated April 21,
1995. The requirements are as follows:
a. All streets within the subdivision will need to support 60,000 pounds of
imposed load. (Fire Protection Development Standards Section 3.01-1)
b. Submit at least two copies of the final plat showing streets and roads to the
Fire District for approval. (Uniform Fire Code Section 10.202)
c. The minimum required fire flow for the subdivision residential areas is 1000
gallons per minute at 20 pounds per square inch. However, the community
lodge may have a higher required fire flow. (Fire Protection Development
Standards Section 5.02-1)
d. Fire hydrant locations will be required to meet the standards of the Fire
District. Submit at least two copies of the subdivision plan, showing fire
hydrant locations and water main size and location to the Fire District for
approval, prior to beginning construction. (Fire Protection Development
Standards Section 6.04-1)
e. Street signs, clearly showing street names, and if necessary, address range
shall be installed throughout the subdivision. (Uniform Fire Code Section
10.206)
Individual residences will need to be marked with clearly visible addresses.
(Fire Protection Development Standards Chapter 4)
5. The P.U.D. Final Plan shall comply with the requirements of the St. Vrain Sanitation
District as listed in the letter from L.D. Lawson, dated April 26, 1995, and the
Developer shall provide Department of Planning Services and St. Vrain Sanitation
District with an affirmation in writing that these conditions are acceptable. The
requirements are as follows:
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a. Granting of a 20 -foot sewer easement along the south side of the property
for the extension of the District's 12 -inch trunk line by the Developer.
b. Dedicating the 12 -inch sewer line, to be constructed by the Developer, to the
District for continued operation and maintenance pursuant to District
Standards. The District will agree to an oversize (over 8 inch) rebate
provision.
c. All 8 -inch laterals into the District's 12 -inch trunk line shall connect at a
manhole. This requires either a respacing of manholes or one additional
manhole. The east and west 8 -inch laterals connect at manholes as
designed. The 6 -inch lateral taps are acceptable.
d. Internal collection lines, the majority of which are 6 -inch, remain the property
of the Developer, who will be responsible for their continued operation and
maintenance.
e. The Developer grants to the District the unused capacity in the east and
west 8 -inch laterals; however, capacity will be reserved in the west 8 -inch
lateral for development immediately to the west. The District will utilize this
unused capacity for future development to the north, and the Developer
must agree to carry said wastewater through its private lines within
Longview Estates, free of charge and without liability recourse, subject to
upgradient loading and design being to accepted engineering practice.
f. RE: Sanitary Sewer Plan, sheet 8 of 23, the northern segment of the east
8 -inch trunk line is shown at 0.07% grade. This is clearly in error, both in
respect to the contours (8 feet) and the minimum allowable grade of 0.4%.
6. The outlet for the detention area shall be completely maintainable from private
property and not within the State Highway 119 right-of-way. The size of the outlet
pipe must ensure that no more than the annual historic flow enter into the State
Highway 119 right-of-way.
7. The P.U.D. Final Plan shall comply with the requirements of the Colorado
Department of Transportation as listed in the letter from Teresa Jones dated
May 31, 1995.
8. The covenants shall be recorded along with the Final Plan plat.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of June, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
BY. ‘,
Deputy Clerk to the Board
APPROVED AS TOIFOR l:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORADO
eorge L=. Baxter
(7-40/27rfii .y.i p J
ig?Sieggictecie_
Constance L. Harbert
W. H. Webster
/i
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