HomeMy WebLinkAbout951276.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bud Clemons 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: S-377
NAME: Continental View Ponds do Jack Olberding, Bill Bedell, John C. Widerquist & Terry A. Henze
ADDRESS: 825 Grape, Boulder, CO 80304
REQUEST: A Site Specific Development Plan and a Planned Unit Development Plan.
LEGAL DESCRIPTION: NW4 SW4 of Section 29, T2N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to Weld County Road 3 1/4 and south of and adjacent to Weld County
Road 16 1/2.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of 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. 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 Tri-City Planning Commission has reviewed the request and
found no conflict with its interest.
b. The P.U.D. Plan conforms to the approved P.U.D. District. The Utility Coordinating Advisory
Committee reviewed and conditionally approved the P.U.D. utility plan at its March 9, 1995,
meeting.
c. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3 of the Weld
County Zoning Ordinance.
d. Portions of the P.U.D. Plan site are located in the Flood Hazard Overlay District area.
Structures associated with this development shall conform with the regulations of this overlay
district.
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RESOLUTION, S-377
Jack Olberding, Bill Bedell, John C. Widerquist, Terry A. Henze
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This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding this request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the P.U.D. 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. Evidence shall be submitted to the Department of Planning Services staff that the Division of
Water Resources has approved a plan for the responsibility for the maintenance of the contract
with the Association of District 6 for ongoing water supplies to augment stream depletions
caused by the pond evaporation. Should the responsible party be the homeowners, the
responsibility shall be included in the Homeowners Agreement/Covenants.
c. The applicant shall submit evidence to the Department of Planning Services that the covenants
approved by the Weld County Attorney's Office are ready to be recorded.
d. Utility easements on the plat shall be amended as follows:
A 15 -foot utility easement shall be added around the perimeter of the cul-de-sac.
A 15 -foot utility easement shall be added along the south boundary of the property, from
the southwest corner east to the cul-de-sac.
A 20 -foot utility easement, 10 feet apportioned equally on Lots 3 and 4, shall be added
between Lots 3 and 4.
2. The following notes shall be placed on the P.U.D. plat prior to recording:
a. The uses permitted within the P.U.D. plan include rural residential and recreational land uses
which comply with the P.U.D. zone district requirements and as described in the application
materials.
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RESOLUTION, S-377
Jack Olberding, Bill Bedell, John C. Widerquist, Terry A. Henze
Page 3
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 to the residential uses on the property.
d. Sewage disposal shall be provided by Individual Sewage Disposal Systems (I.S.D.S.). Each
Individual Sewage Disposal System shall be designed by a Colorado Registered Professional
Engineer. In accordance with Weld County I.S.D.S. regulations, no more than one I.S.D.S. shall
be designed as an evapotranspiration system.
e. Installation of utilities shall comply with Section 10 of the Weld County Subdivision Ordinance.
f. All lots within the P.U.D. Plan shall comply with the requirements of the Mountain View Fire
Protection District.
g.
The P.U.D. plan shall consist of eight lots as follows:
Lots 1-5 for residential use
Outlot A for private recreational use and open space
Outlot B, parcel reserved for dedication for public use with future use in Boulder Creek
open space corridor
Outlot C, cul-de-sac providing access from Weld County Road 3 1/4 to Lots 2-5
Weld County Road 16 1/2 shall provide access to Lot 1. Ingress and egress to Lots 2, 3, 4 and
5 shall be provided by an internal street from one access on Weld County Road 3 1/4. There
will be no direct access from Outlot A to the County road system. No other accesses to the
property shall be allowed
All streets within the P.U.D. plan are private and shall be built to County standards. The streets
shall be maintained by the homeowners association, lot owners or developer.
Each residence within the P.U.D. plan shall be set back no less than 100 feet from the property
lines which lie adjacent to Weld County roads.
Each residence within the P.U.D. plan shall be constructed with a minimum ground floor area
of 1,500 square feet.
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Each structure within the P.U.D. plan shall have a maximum building height of 30 feet.
m. Maximum lot coverage shall not exceed ten percent. The remainder of each lot shall be open
space.
n. Outside storage of equipment, boats, recreational vehicles, automobiles or machinery shall not
permitted.
o. Outlots A and B shall be owned and maintained jointly by the homeowners association. At such
time that ownership of Outlot B is accepted by a public entity for public use, maintenance of
Outlot B shall be discontinued by the homeowners association.
P. No livestock, poultry or animals of any kind may be kept on any lot, except for two dogs or two
cats over eight weeks old.
q. Residential construction within the P.U.D. plan is encouraged to incorporate designs to prevent
radon accumulation.
r. Detached storage sheds shall not be allowed on any lot within the P.U.D. plan.
s. Exterior illumination of homes, yards, garages and driveways shall be restricted as follows:
Sources of light shall be shielded so that beams of light will not shine directly onto
adjacent properties.
Neither the direct or reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets.
t. A qualified soils and foundation engineer shall both design and supervise the construction of all
building foundations within the P.U.D. plan. The engineer's report shall be submitted with all
building permit applications.
u. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
v. No permanent disposal of wastes shall be permitted at this site.
w. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
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RESOLUTION, S-377
Jack Olberding, Bill Bedell, John C. Widerquist, Terry A. Henze
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x. Fugitive dust shall be controlled on this site.
y.
A stormwater discharge permit shall be obtained from the Water Quality Control Division of the
Colorado Department of Health for on -site construction activities if required.
z. Any work on -site requiring the excavation in or placement of dredged or fill material, either
temporary or permanent, into wetlands adjacent to the pond shall necessitate contacting the
Department of the Army Corps of Engineers for permits pursuant to Section 404 of the Clean
Water Act.
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.
4. Prior to the issuance of building permits for Lot 1, the landowner shall submit to and have approved
by the Department of Planning Services a Flood Hazard Development permit.
Motion seconded by Jack Epple.
VOTE:
For Passage
Curt Moore
Judy Yamaguchi
Jack Epple
Marie Koolstra
Bud Clemons
Richard Kimmel
Against Passage
Ron Sommer
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Wendi Swanson
Secretary
RESOLUTION, S-377
Jack Olberding, Bill Bedell, John C. Widerquist, Terry A. Henze
Page 6
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Wendi Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the Planning Commission of Weld County, Colorado, adopted
on March 21, 1995.
Dated the 21st of March, 1995.
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