HomeMy WebLinkAbout20194332.tiff RESOLUTION
(Modified Conditions of Approval 1.E and 1.F)
RE: GRANT AMENDED SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, PUDF19-0004, FOR VISTA COMMERCIAL CENTER
2ND FILING (S-416) TO VACATE THE INTERNAL LOT LINES OF LOTS 3, 4, 7 AND 8
OF BLOCK 7, TO CREATE A SINGLE LOT- RUSSELL COBURN, LLC
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 9th day of October, 2019, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Russell Coburn, LLC,
1904 S. Coffman St., Longmont, Colorado 80504, requesting an Amended Site Specific
Development Plan and Planned Unit Development Final Plan, PUDF19-0004, for Vista
Commercial Center 2nd Filing (S-416) to vacate the internal lot lines of Lots 3, 4, 7 and 8 of Block
7, to create a single lot, for a parcel of land located on the following described real estate, to-wit:
Lots 3, 4, 7, and 8 of Block 7 of 2nd Corrected Vista
Commercial Center Filing #2; being part of
Section 8, Township 2 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development 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 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D as follows:
A. Section 27-7-40.D.1 — The proposal is consistent with Chapters 19
Coordinated Planning Agreements, Chapter 22 Comprehensive Plan,
Chapter 23 Zoning, Chapter 24 Subdivisions and Chapter 26 Regional
Urbanization Areas of the Weld County Code.
1) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
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available or reasonably obtainable." The subject Amended PUD
Final Plan will be modifying four (4) existing lots located within the
2nd Corrected Vista Commercial Center PUD in the 1-25 RUA. This
request will not affect the compatibility of the PUD with existing
surrounding land uses. The PUD is appropriate in this area, as it is
located adjacent to State Highway 119. According to the City of
Longmont's Official Zoning District Map, the PUD is located near
land designated as "Non-Residential Primary Employment" and
"Mixed-Use Regional Center".
2) Section 26-2-20.A.2.e states: "Any use of a research, repairing,
manufacturing, fabricating, processing, assembling or storage
nature, as long as the use is conducted entirely within enclosed
buildings."A Site Plan Review Permit is being processed within the
Planned Unit Development process. Chapter 23,
Section 23-2-150.G of the Weld County Code allows for this to
occur, as the Planning Director determined sufficient detailed
information was submitted and reviewed in the PUD Final Plan
Application. The site is located within the 1-25 RUA and, per the 1-25
RUA Structural Land Use Categories, the proposed use of the land
is identified as "Employment Center — High Intensity". This
designation allows for any use of a research, repairing,
manufacturing, fabricating, processing, assembling or storage
nature, as long as the use is conducted entirely within enclosed
buildings. The proposed use of the site is a warehouse and office
space, per the application, and is consistent with the 1-25 Structural
Land Use Map conceptual designations, per Chapter 26,
Section 26-2-20.
B. Section 27-7-40.D.2 — The uses which will be allowed in the proposed
Amended PUD will conform with the Performance Standards of the PUD
Zone District contained in Chapter 27, Article II, Section 27-2-20 through
Section 27-2-220 of the Weld County Code. The combination of the
selected lots within the Vista Commercial Center will not change the uses
allowed under the original PUD.
C. Section 27-7-40.D.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 Chapter 22 of the Weld County Code or master plans of
affected municipalities. The PUD is located within the three (3) mile referral
area of the City of Longmont, Town of Mead, Town of Frederick, and the
Town of Firestone. The Longmont, Mead, and Frederick referral responses
dated July 1, 2019, June 28, 2019, and July 8, 2019, respectively, stated
no concerns. No referral response was received from the Town of
Firestone. The subject PUD is located within the Longmont, Firestone, and
Mead Intergovernmental Agreement Areas (IGA). The municipalities were
notified during the pre-application stage and had no concerns. The subject
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PUD is also located within the 1-25 Reginal Urbanization Area (RUA), which
provides guidance for more intensive urban-type land uses. The Weld
County Department of Planning Services sent notice to nineteen (19)
surrounding property owners within 500 feet of the four (4) subject parcels.
Planning staff did not receive any correspondence. There were no emails
or phone calls received regarding the proposed application.
D. Section 27-7-40.D.4 — The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, Section 27-2-170 and
Section 27-2-176 of the Weld County Code. In the Left Hand Water District
(LHWD) letter, dated May 21, 2019, it states water is available to the
proposed site. A Condition of Approval will be to acquire a commercial
water tap from the LHWD with regulations to extend waterline
infrastructure, dedicate shares of CBT water, etc., as necessary. The
applicant is currently acquiring water for the site. The Saint Vrain Sanitation
District letter, dated May 10, 2019, states that sewer is available to the
proposed site. A sewer tap connection will be purchased.
E. Section 27-7-40.D.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
Amended PUD Zone District. The four (4) subject lots, which are vacant,
are not currently utilizing an access. The proposed lot will utilize one (1)
access off Vista View Drive (north) and one (1) access off of Skyway Drive
(south). Both roads are platted roads in the PUD and have already been
constructed and paved. Vista Commercial Center has three (3) main
access points onto State Highway 119. These access points are
approximately two (2) miles west of Interstate 25. State Highway 119 and
Interstate 25 provide adequate commercial linkages and support the traffic
demands of this operation.
F. Section 27-7-40.D.6 —An off-site Road Improvements Agreement and an
on-site Improvements Agreement proposal is in compliance with
Chapter 24 of the Weld County Code, as amended and a Road
Improvements Agreement is complete and has been submitted. A Road
Maintenance Agreement is a Condition of Approval, per the Weld County
Department of Public Works referral, dated August 15, 2019. The internal
roadways within Vista View Commercial Center are County maintained.
G. Section 27-7-40.D.7 — There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The property is not within the Geologic Hazard Overlay District,
a Special Flood Hazard Area or Airport Overlay District. The property is
within the MS4 Area. A referral request was sent, and no response was
received. Building Permits issued on the proposed lots will be required to
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adhere to the fee structure of the County-Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
H. Section 27-7-40.D.8—Compatibility exists between the proposed uses and
criteria listed in the development guide, and the Final Plan exactly conforms
to the development guide. The PUD Final Plan Amendment to vacate
internal lot lines between Lots 3, 4, 7, and 8 of Block 7 are compatible and
conform with the criteria listed in the specific development guide and does
not change the specific development guide that was submitted with the
original final plan application.
3. The request is in conformance with Chapter 26,Article II, of the Weld County Code,
as follows:
A. Section 26-2-20 - Structural land use categories. The site consists of
one (1) Structural Land Use Category. Each structural category consists of
distinct and unique qualities and is established as a matter of policy to
guide and implement planned land use development, per
Section 26-2-10.C of the Weld County Code. The entirety of the site is
identified as "Employment Center — High Intensity." This identification
allows for any use of a research, repairing, manufacturing, fabricating,
processing, assembling or storage nature, as long as the use is conducted
entirely within enclosed buildings. The proposed use of the site is a
warehouse and office space, per the application, and is consistent with the
1-25 Structural Land Use Map conceptual designations, per Chapter 26,
Section 26-2-20.
B. Section 26-2-40— Maximum lot coverage regulations, states: "All land use
applications in the 1-25 RUA shall adhere to the regulations governing the
maximum percentage of lot coverage."Per Table 26.1 of the Weld County
Code, the maximum percentage of lot coverage in the C-3 and I-1 Zone
District should be 85%. The application material has shown that the lot
coverage shall not exceed 85% through the 28.3% of landscaping and
common open space.
C. Section 26-2-50— Landscaping regulations, states: "Intent. Landscaping is
extremely important for ensuring the quality of development in the 1-25
RUAs. Trees, shrubs, and other plantings add greatly to the aesthetic
appeal while controlling erosion, reducing glare, lowering temperatures,
buffering sounds and blocking or diverting wind. As no single landscaping
plan can be prescribed for all developments, due to differing land features,
topology and soils, the County allows flexibility and encourages creativity
in landscape designs. Landscaping must be sensitive to the characteristics
and maintenance requirements of the planting selected. Species must be
chosen that are hardy for the climate and soil conditions in the 1-25 RUAs,
that can tolerate traffic, that are resistant to disease and insects, and that
can be maintained."The Landscape Plan shows in detail how it meets the
requirements of Section 26-2-50, such as where landscaping will be
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located, as well as the planting and construction details and also shows the
species of plants listed in Chapter 26, Appendix 26-G, of the Weld County
Code.
D. Section 26-2-60 —Transportation and circulation requirements, states: "As
transportation demands increase in the 1-25 RUA, the need to preserve the
functional integrity and hierarchy of the existing roadways and provide new
roadway capacity is increasingly important. The purpose of this Section is
to provide for the planning, design and construction of improvements to
new and existing roadway facilities consistent with Chapters 22, 23, 24, 26,
and 27 of this Code. The intent of these standards is to provide a certain
level of performance. Consequently, if it can be shown that an alternate
design, material or procedure will provide performance equal to, or better
than, the required design, material or procedure, that alternate may be
approved by the Director of Public Works."A traffic narrative was submitted
with the application material and the Weld County Department of Public
Works has provided referral comments, dated August 15, 2019.
E. Section 26-2-70 - Sign district regulations, state: "Within the 1-25 RUAs,
signage has become an increasingly important issue, especially along
traffic corridors such as 1-25 and State Highway 119. While signs serve as
important directional, informational and advertising tools, the clustering of
signs may obscure the landscape and confuse and distract drivers.
Signage controls are intended to protect and preserve the visual quality of
the roadways within the 1-25 RUAs while preventing the obstruction of
traffic visibility and confusion from improperly placed and designed signs.
These provisions control the magnitude, placement and number of signs in
the 1-25 RUAs. These regulations can be found in Chapter 23, Article IV of
this Code."A building tenant sign adjacent to the main entry is proposed
for the site. Based on the application materials, the sign will be less than
8% of the wall area and meet the intent and regulations of Chapter 23,
Article IV, Division 2, and Appendix 23-C, 23-D, 23-E of the Weld County
Code.
F. Section 26-2-80 — Utility, infrastructure and public facility regulations,
states: "By their nature, most utility services are highly regulated. This
regulation encompasses ownership, financing, competition, cost recovery,
construction, environmental protection and safety. Given this regulatory
and legal environment, well-established federal, state, county and industry
standards/codes exist which govern most aspects of utility service. The
intent of this Section is to provide additional regulations and standards for
water supply to meet fire flow demands and solid waste collection service,
and to provide standards for public facilities and services throughout the
1-25 RUAs."The development will be served by the Saint Vrain Sanitation
District (SVSD). A letter dated May 10, 2019, from SVSD states that the
proposed site is within the service area of SVSD and is subject to sewer
service. The development will be served by Left Hand Water
District (LHWD). A letter dated May 21, 2019, from the LHWD indicated
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that the site is within the service area orf LHWD. The applicant is currently
working with the LHWD to obtain a water tap. A Condition of Approval will
be to acquire a commercial water tap from the LHWD and comply with
LHWD regulations to extend waterline infrastructure, dedicate shares of
CBT water, etc.
4. The request is in conformance with Sections 23-2-150, 23-2-160 and 23-3-250 of
the Weld County Code, as follows:
A. Section 23-2-150 and 23-2-160 of the Weld County Code. The Site Plan
Review Permit is being processed within the Planned Unit Development
process. Chapter 23, Section 23-2-150.G of the Weld County Code allows
for this to occur, as the Planning Director determined sufficient detailed
information was submitted and reviewed in the PUD Final Plan Application.
The application was submitted, processed and reviewed under the
previous code; these standards have changed under the new code
ordinance (ORD19-02) that went into effect July 25, 2019. The proposed
development has met all the applicable standards set forth in Chapter 23,
Section 23-2-150 of the Weld County Code, which state the overall intent
and applicability of site plan review. The proposed development has also
met all the applicable standards set forth in Chapter 23, Section 23-2-160
of the Weld County Code, which state the application requirements for a
Site Plan Review submittal.
B. Section 23-3-250.A — Design Standards. The proposed development
meets all nine (9) design standards outlined in Section 23-3-250.A of the
Weld County Code, as detailed in the application materials. These
standards outline stormwater management, parking, street access,
required setback and offset, landscaping, water supply, sewage supply,
and outside storage. These standards have either been met through
Chapter 23, Article III, Division 3 Standards, or Chapter 26, Article II
Standards.
C. Section 23-3-250.6 — Operation Standards. The proposed development
meets all seven (7) operation standards outlined in Section 23-3-250.B of
the Weld County Code, as detailed in the application materials These
standards outline noise, air quality, water quality, radiation and radioactive
material, heat, lighting, and property maintenance. These standards have
either been met through Chapter 23, Article III, Division 3 Standards or
Chapter 26, Article II Standards.
WHEREAS, the Board conditionally approved the Resolution for an Amended Site
Specific Development Plan and Planned Unit Development Final Plan, PUDF19-0004, and
approval of said Resolution was on the Consent Agenda on October 16, 2019, and
WHEREAS, the Board deemed it necessary to continue approval of said Resolution to
October 23, 2019, to allow for adequate time to review Conditions of Approval 1.E and 1.F with
the applicant, Russell Coburn, LLC, and
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WHEREAS, on October 23, 2019, the Board modified Conditions of Approval 1.E and 1.F,
in agreeance with the applicant, Russell Coburn, LLC.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Russell Coburn, LLC, for an Amended Site Specific
Development Plan and Planned Unit Development Final Plan, PUDF19-0004, for Vista
Commercial Center 2nd Filing (S-416) to vacate the internal lot lines of Lots 3, 4, 7 and 8 of
Block 7, to create a single lot, on the above referenced parcel of land be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall provide documentation that a commercial water tap
from the Left Hand Water District has been purchased.
B. The applicant shall provide documentation that a sewer tap from the Saint
Vrain Sanitation District has been purchased.
C. The applicant shall submit a variance request for the turning radii to the
site.
D. The applicant shall submit a Road Maintenance Agreement for damage
repairs to specified haul routes, and proportional share of roadway
improvements.
E. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required. The Final Drainage Report must design for on-site water quality
treatment as well as conveying storm water to the drainage ponds located
on the north side of Vista Commercial P.U.D., Filings I and II, showing the
following drainage capacity:
Pond Volume
1 416,785.8 CF
2 122,412.1 CF
3 80,604.3 CF
4 66,025.5 CF
5 43,714.7 CF
F. The applicant shall submit to the Department of Planning Services proof
that the Vista Owners Association, Inc., has contracted with a person or
company to modify the Vista Commercial P.U.D., Filings I and II, drainage
ponds to achieve the capacities set forth in 1.E., above, with completion no
later than February 1, 2020.
G. The plat shall be amended to delineate the following:
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1) All pages of the plat shall be labeled Amended 2nd Corrected Vista
Commercial Center Filing II, PUDF19-0004.
2) The PUD Final Plan map shall be prepared in accordance with
Section 27-9-20 and 23-2-160.W of the Weld County Code.
3) The PUD Final Plan shall delineate the approved Landscape Plan.
4) The PUD Final Plan plat shall utilize PUD Plat Certificates Numbers
1, 3 and 4, as located in Appendix 26-P of the Weld County Code.
5) Skyway Drive is a paved local road with 80 feet of right-of-way,
shown on the Vista Commercial Filling II plat, reception
number 2803997. The applicant shall delineate and label the future
and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
site map or plat. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required
setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This
road is maintained by Weld County.
6) Vista View Drive is a paved local road with 80 feet of right-of-way,
shown on the Vista Commercial Filling II plat, reception
number 2803997. The applicant shall delineate and label the future
and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
site map or plat. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required
setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This
road is maintained by Weld County.
7) The applicant shall show and label the approved access locations,
and the appropriate turning radii on the site plan. The applicant
must obtain an Access Permit in the approved location(s) prior to
construction.
8) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Water Quality Feature, No-Build or Storage Area" and shall include
the calculated volume. If a variance is approved to use parking for
part of the water quality storage, signage is required.
9) The applicant shall show the drainage flow arrows.
10) The applicant shall show on-site parking areas.
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11) The applicant shall show signage prohibiting truck traffic from
Skyway Drive or show the access radii increased to 60 feet.
H. The Amended PUD is conditional upon the following and that each shall be
placed on the Amended PUD plat, as notes prior to recording:
1) This Amended PUD Final Plan, PUDF19-0004, of 2nd Corrected
Vista Commercial Center Filing II, S-416, vacates the internal lot
lines and combines Lots 3, 4, 7, and 8 of Block 7 into one (1) new
lot.
2) This Amended Planned Unit Development Final Plat shall consist
of one (1) lot with C-3 (Business Commercial) and I-1 (Industrial)
Zone District Uses, as indicated in the application materials on file
in the Department of Planning Services and subject to, and
governed by, the Conditions of Approval stated hereon and all
applicable Weld County regulations.
3) In accordance with the Weld County Code, no land, building or
structure shall be changed in use or type of occupancy, developed,
erected, constructed, reconstructed, moved or structurally altered
or operated in the Commercial Zone District until a Site Plan Review
has been approved by the Department of Planning Services.
4) The application does not propose any portion of the site to be
leased to another party. If a portion of the building is proposed to
be leased to another party in the future, the applicant shall submit
a copy of the lease agreement and information regarding the
proposed use of the leased portion to the Department of Planning
Services for review. Based upon the proposed use and/or impacts
of the leased portion, the Department of Planning Services may
require a new Site Plan Review application.
5) Installation of utilities and improvements shall comply with
Section 24-9-10 of the Weld County Code.
6) Landscaping materials, as indicated in the approved Landscape
Plan, shall be maintained at all times. Dead or diseased plant
materials shall be replaced with materials of similar quantity and
quality at the earliest possible time.
7) All structures, including signs, onsite must obtain the appropriate
Building Permits.
8) Sources of light shall be shielded so that light rays will not shine
directly onto adjacent properties where such would cause a
nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from
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any light source may create a traffic hazard to operators of motor
vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control
devices.
9) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee
Program.
10) Water service shall be obtained from the Left Hand Water District.
11) Sewer service shall be obtained from the Saint Vrain Sanitation
District.
12) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
13) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off-site tracking.
14) Any work that may occupy and/or encroach upon any County
rights-of-way or easement shall acquire an approved Right-of-Way
Use Permit prior to commencement.
15) The historical flow patterns and runoff amounts on the site will be
maintained.
16) Weld County is not responsible for the maintenance of on-site
drainage related features.
17) This site is located in the MS4 area and is subject to the regulations
of the state-issued MS4 Permit.
18) Once the permanent control measure has passed final inspection
by Public Works, the site shall be routinely inspected at a frequency
determined by Public Works, usually on an annual basis unless
otherwise noted, for the life of the control measure. Inspections
occur to ensure the permanent control measure remains fully
operational and is being adequately maintained according to the
site's Operation and Maintenance Plan. Upon sale of the property,
the responsibility of maintaining permanent control measures shall
be transferred to the new owner.
19) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
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20) The property owner shall be responsible for complying with the
Performance Standards and Procedures of Chapter 27, Article II,
and Article VIII of the Weld County Code.
21) The property owner shall be responsible for complying with the
Performance Standards and Procedures of Chapter 23, Article III,
Division 3 Section 23-3-250 of the Weld County Code.
22) The site shall maintain compliance, at all times, with the
requirements of the Weld County Department of Public Works,
Public Health and Environment, Planning Services and all
applicable Weld County regulations.
23) No development activity shall commence on the property, nor shall
any building permits be issued on the property until the Final Plan
has been approved and recorded.
24) Building permits may be required for any new construction or set up
manufactured structure, per Section 29-3-10 of the Weld County
Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit
application. Currently, the following have been adopted by Weld
County: 2018 International Residential Code, 2006 International
Energy Code, 2017 National Electrical Code, and Chapter 29 of the
Weld County Code. A plan review shall be approved, and a permit
must be issued prior to the start of construction.
25) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment 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 Conditions of Approval stated herein and
all applicable Weld County regulations.
26) If no construction has begun or no use established in the PUD
within three (3) years of the date of the approval of the PUD Final
Plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating
that the PUD Final Plan has not been abandoned and that the
applicant possesses the willingness and ability to continue the PUD.
The Board of County Commissioners may extend the date for
initiation of the PUD construction and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If
the Board of County Commissioners determines that conditions
supporting the original approval of the PUD Final Plan have
changed or that the landowner cannot implement the PUD Final
Plan, the Board may, after a public hearing, revoke the PUD Final
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Plan and order the recorded PUD plan vacated per Section 27-8-60
of the Weld County Code.
27) The Board of County Commissioners may serve written notice upon
such organization or upon the owners or residents of the PUD
setting forth that the organization has failed to comply with the PUD
Final Plan. Said notice shall include a demand that such
deficiencies of maintenance be cured within thirty (30) days thereof.
A hearing shall be held by the Board of County Commissioners
within fifteen (15) days of the issuance of such notice, setting forth
the item, date and place of the hearing. The Board may modify the
terms of the original notice, as to deficiencies and may give an
extension of time within which they shall be rectified per
Section 27 8-70.A of the Weld County Code.
28) Any PUD Zone District approved in a Final Plan shall be considered
as being in compliance with Chapter 24 of this Code and
Section 30-28-101, et seq., C.R.S. per Section 27-8-70.B of the
Weld County Code.
29) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34, of the Colorado Revised Statutes, minerals are
vital resources because(a)the State's commercial mineral deposits
are essential to the State's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and persons moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resources.
2. The applicant shall submit an electronic (PDF) copy of the plat for
preliminary approval to the Department of Planning Services. Upon
approval of the PDF, the applicant shall submit a Mylar plat, along with all
other documentation required as conditions of approval. The Mylar plat
shall be recorded in the office of the County Clerk and Recorder by the
Department of Planning Services. The plat shall be prepared in accordance
with the requirements of this Code.
3. The plat map and additional requirements shall be submitted to the
Department of Planning Services for recording within shall be recorded
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PAGE 13
within three (3) years from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
If a plat has not been recorded within three (3) years of the date of the
approval of the Planned Unit Development (PUD) Final Plan, or within a
date specified by the Board of County Commissioners, the Board may
require the landowner to appear before it and present evidence
substantiating that the PUD has not been abandoned and that the applicant
possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the
Board determines that conditions supporting the original approval of the
PUD cannot be met, the Board may, after a public hearing, revoke the PUD
per Section 27-8-50 of the Weld County Code.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
B. The applicant shall notify Public Works of the anticipated start date
and schedule a stormwater inspection. If construction has
commenced without contacting Public Works, the site will be in
violation, a stop work order will be issued, and further enforcement
actions may be pursued.
5. During Construction:
A. Public Works shall be allowed to enter the premises to inspect
temporary control measures (BMPs) for proper installation and
maintenance as detailed in the site's Grading Permit. Inspections
occur to ensure adequate measures are taken to protect the
landowner, neighboring properties, adjacent roadways and nearby
waterways from the potentially adverse effects of stormwater runoff.
Inspections shall occur at a frequency determined by the site's
compliance, with higher inspection frequencies for non-compliance.
6. Prior to Certificate of Occupancy:
A. The applicant shall submit an As-Built Drawing of each permanent
control measure, signed and stamped by a Professional Engineer
registered in the State of Colorado. After the submittal, Public
Works shall be allowed to enter the premises to inspect the
permanent control measure(s) to confirm proper installation, as
detailed in the drawing.
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PUD FINAL PLAN, PUDF19-0004 - RUSSELL COBURN, LLC
PAGE 14
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, CO ORADO
ATTEST: dit,c4„, �' met,, L, b
t•� Barbara Kirkmeyer Chair
Weld County Clerk to the Board
• Mike _�
Freeman, Pro-Tem
BY:
Deputy Clerk to the Board
Ir' L Sean Conway
APP AST.`ORM�
tt K. James
1861
�o•'ty orney � 70"r
®A n Steve Moreno
Date of signature: O 9/ n Is
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