HomeMy WebLinkAbout20151214.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, PUDF14-0009, AMENDMENT TO FIRST FILING, PF
1078 - REPLAT OF LOTS 1-32, BLOCK 7; LOTS 1-11, BLOCK 8; LOTS 1-14 BLOCK
9; LOTS 10-17, BLOCK 10; LOTS 1-7, BLOCK 14 AND TRACT H, 243 LOTS WITH R-1
(LOW DENSITY RESIDENTIAL); C-1 (NEIGHBORHOOD COMMERCIAL); C-2
(GENERAL COMMERCIAL) ZONE USES AND THE VACATION OF LAKE
CATAMOUNT PARKWAY BETWEEN COUNTY ROAD 9.5 AND EAGLE RIVER ROAD;
THE VACATION OF PLATTE RIVER DRIVE BETWEEN ELK RIVER ROAD AND LAKE
CATAMOUNT DRIVE; GRAND LAKE DRIVE BETWEEN ELK RIVER ROAD AND
LAKE CATAMOUNT DRIVE; MAGGIE COURT BETWEEN EMERALD LAKE DRIVE
AND EMERALD LAKE DRIVE; SAMANTHA PLACE BETWEEN WILLOW CREEK
RUN AND WILLOW CREEK RUN; WILLOW CREEK RUN BETWEEN EMERALD
LAKE DRIVE AND WILLOW CREEK RUN; EMERALD LAKE DRIVE BETWEEN
YAMPA RIVER ROAD AND WILLOW CREEK RUN; WANEKA LAKE COURT
BETWEEN PIEDRA RIVER ROAD AND PIEDRA RIVER ROAD; CLEAR CREEK
DRIVE BETWEEN LAKE CATAMOUNT PARKWAY AND PIEDRA RIVER ROAD;
PIEDRA RIVER ROAD BETWEEN CLEAR CREEK DRIVE AND EAGLE RIVER ROAD;
ESCALANTE CREEK COURT BETWEEN MERIDIAN LAKE DRIVE AND MERIDIAN
LAKE DRIVE; MERIDIAN LAKE DRIVE BETWEEN ESCALANTE CREEK COURT
AND YAMPA RIVER ROAD; SQUIRREL CREEK COURT BETWEEN YAMPA RIVER
ROAD AND YAMPA RIVER ROAD; YAMPA RIVER ROAD BETWEEN EAGLE RIVER
ROAD AND EAGLE RIVER ROAD; FISH CREEK WAY BETWEEN CANADIAN RIVER
ROAD AND YAMPA RIVER ROAD; CANADIAN RIVER ROAD BETWEEN EAGLE
RIVER ROAD AND YAMPA RIVER ROAD; CASTLE CREEK WAY BETWEEN EAGLE
RIVER ROAD AND YAMPA RIVER ROAD; TRINCHERA CREEK ROAD BETWEEN
BAYSHORE DRIVE AND BAYSHORE DRIVE; MIRAMONTE LAKE CIRCLE
BETWEEN BAYSHORE DRIVE AND BAYSHORE DRIVE; BAYSHORE DRIVE
BETWEEN EAGLE RIVER ROAD AND YAMPA RIVER ROAD; BAYSHORE DRIVE
BETWEEN COUNTY ROAD 9.5 AND EAGLE RIVER ROAD; CIMARRON RIVER
ROAD BETWEEN FOUNTAIN CREEK DRIVE AND COLORADO RIVER ROAD;
FOUNTAIN CREEK DRIVE BETWEEN COLORADO RIVER ROAD AND CIMARRON
RIVER ROAD; COLORADO RIVER ROAD BETWEEN FOUNTAIN CREEK DRIVE AND
CIMARRON RIVER ROAD; ELK RIVER ROAD BETWEEN ST. VRAIN RIVER ROAD
AND CIMARRON RIVER ROAD; ST VRAIN RIVER ROAD BETWEEN ELK RIVER
ROAD AND CIMARRON RIVER ROAD; AND LAKE CATAMOUNT PARKWAY
BETWEEN EAGLE RIVER ROAD AND YAMPA RIVER ROAD; AND CONTINUING OIL
AND GAS PRODUCTION USES ALONG WITH APPROXIMATELY 213.1 ACRES OF
OPEN SPACE CONSISTING OF A RIVER CORRIDOR, PRIVATE RECREATIONAL
LAKES AND COMMUNITY PARKS IN THE I-25 REGIONAL URBANIZATION AREA
OVERLAY DISTRICT - BAREFOOT LAKES PUD - BAREFOOT LAKES, LLC, C/O
BROOKFIELD RESIDENTIAL PROPERTIES
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 6th day of May, 2015, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Barefoot Lakes, LLC, do
Brookfield Residential Properties, 188 Inverness Drive West, Suite 150, Englewood, CO 80112,
C C eitc'1'L' ' 4L) Appl 2015-1214
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PUD FINAL PLAN, PUDF14-0009 - BAREFOOT LAKES, LLC, 0/O BROOKFIELD
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requesting a Site Specific Development Plan and Planned Unit Development Final Plan,
PUDF14-0009, for Amendment to First Filing, PF 1078 - Replat of Lots 1-32, Block 7; Lots 1-11,
Block 8; Lots 1-14 Block 9; Lots 10-17, Block 10; Lots 1-7, Block 14 and Tract H, 243 Lots with R-1
(Low Density Residential); C-1 (Neighborhood Commercial); C-2 (General Commercial) Zone
Uses and the Vacation of various rights-of-way as described in the title above, and continuing Oil
and Gas Production Uses along with approximately 213.1 acres of open space consisting of a
river corridor, private recreational lakes and community parks in the 1-25 Regional Urbanization
Area Overlay District- Barefoot Lakes PUD, for a parcel of land located on the following described
real estate, to-wit:
Part of Sections 25, 35, and 36, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present, and represented by Marc Savela, Brookfield
Residential Properties, 188 Inverness Drive West, Suite 150, Englewood, CO 80112, 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.C.1 --The proposal is consistent with Chapters 19, 22, 23,
24 and 26 of the Weld County Code. The proposed site is not influenced by
any intergovernmental agreements; however, the property is within the 1-25
Regional Urbanization Area.
1) Section 22-2-140.B (RUA.Goal 2) states: "The County, property
owners, municipalities and other jurisdictions should coordinate
urban land use planning within the Regional Urbanization Areas,
concerning, but not limited to, development policies and standards,
zoning, street and highway construction, open space and trails,
public infrastructure and other matters associated with urban
development." The Barefoot Lakes Planned Unit Development
includes common open space designed and located to be easily
accessible to all the residents of the project and usable for open
space and recreation. The site has private recreational lakes which
are to be used as an amenity and for sailing, and fishing; there are
also areas planned for picnic areas and walking trails. The applicant
has submitted a Landscape Plan for the development; staff will
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require a Detailed Landscape Plan be submitted and approved by
the Department of Planning Services prior to recording the
Amendment to First Filing. The PUD is located within the 1-25
Regional Urbanization Area, and within the three (3) mile Municipal
referral area with the Towns of Mead, Firestone and Frederick and
City of Longmont. The Towns of Mead, Firestone and Frederick
did not return a referral response indicating a conflict with their
interests. The City of Longmont returned a referral, dated
January 29, 2015, and indicated no conflicts with its interests.
2) Section 22-2-120.A (R.Goal1) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to serve the residential development or district." The
proposed PUD will be serviced by the Little Thompson Water
District for potable water and fire protection requirements and the
St. Vrain Sanitation District will handle the effluent flow. The Little
Thompson Water District reviewed the request and finds that it
does comply with their comprehensive plans, as stated in the
referral dated September 29, 2006, under PF-1078. The District
returned a referral response, dated January 19, 2015, indicating
that the District is working with the developer and there is no conflict
with their interests. The St. Vrain Sanitation District reviewed the
request and finds no conflicts with their interests, as stated in the
referral dated October 3, 2006, under PF-1078. The District
returned a referral response, dated January 20, 2015, indicating
that the December 2013 Construction Plans for the subdivision
required additional information and an updated execution of a
Subdivision Service Agreement is required. Also attached was a
December 11, 2013 letter indicating the Carma Bayshore, LLC
replat of Lots 1-48, Block 2; Lots 1-22 Block 5, Tracts A and E all
within Section 35, Township 3 North, Range 68 West is within the
St. Vrain Sanitation District 208 service area and will be served
contingent upon submission of required documents, payment of
fees and subject to the St. Vrain Sanitation District policy and rules
and regulations. In a referral response from the Colorado Division
of Water Resources, dated November 12, 2014, the Division stated
that the Bayshore Lakes, (WDID 0503307), and Bayshore
Diversion (WDID 0500646), appropriative right of exchange from
the St. Vrain Sanitation District's Wastewater Treatment Plant
outfall to the Bayshore Diversion, and plan for augmentation were
decreed in Division 1 Water Court Case No. 2005CW0263. The
lining of the Bayshore Lakes was breached during the
September 2013 flood. Therefore, the applicant will need to obtain
another approved letter for the Bayshore Lakes, aka Barefoot
Lakes, prior to using water from the lakes for irrigation purposes.
The proposed uses are allowed by the decree. Pursuant to
Section 30-28-136(1)(h)(II), C.R.S., it is the opinion of the State
Engineer's Office that the proposed water supply will not cause
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injury to existing water rights so long as the Little Thompson Water
District operates according to the terms and conditions of its current
plan for augmentation. No additional concerns have been raised
from referral agencies regarding the adequacy of services to the
site.
B. Section 27-7-40.C.2 --The uses which will be allowed in the proposed PUD
will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II of the Weld County Code. The applicants
were granted a deviation from the twenty Performance Standards, as
delineated in Chapter 27, Article II. The Board of County Commissioners
approved deviations specific to access requirements, bulk standards for
R-2, R-3 and R-4 Zone Districts and C-1, C-2 Zone Districts; internal
circulation requirements and compatibility at the December 6, 2006, Final
Plan under PF-1078. The applicants have met the remaining Performance
Standards, as delineated in Section 27-2-10. The Conditions of Approval
ensure compliance with Sections 27-2-20 through 27-2-220 of the Weld
County Code. The applicants have existing Improvements Agreement
(Private Road Maintenance) (2006-1915) and an Off-site Improvements
Agreement (Public Road Maintenance) (2007-2154) for the paving of
County Road (CR) 9.5. The Agreements will be required to be amended
and accepted by the Board of County Commissioners prior to recording the
Final Plan. All other Performance Standards have been addressed prior to
the Final Plan.
C. Section 27-7-40.C.3 -- The uses which would be permitted will 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 proposed site does not lie within an Urban
Growth Area, nor is the applicant proposing an Urban Scale Development.
Weld County's Right to Farm Statement has been attached to the Final Plat
thus informing any new residents that the area of the surrounding
community is agricultural in nature. This proposal is located within the
referral boundary of the City of Longmont and Towns of Firestone, Mead
and Frederick. The City of Longmont returned a referral, dated January
29, 2015, and indicated no conflicts with its interests. No other municipal
referrals were received. The Department of Planning Services believes that
the granting of this PUD Final Plan will have a minimal impact on the
surrounding land uses.
D. Section 27-7-40.C.4 -- Adequate water and sewer service will be made
available to the site to serve the Uses permitted within the proposed PUD in
compliance with the Performance Standards in Chapter 27, Article II of the
Weld County Code. The properties within this PUD Final Plan will be
served by the Little Thompson Water District and the St. Vrain Sanitation
District.
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E. Section 27-7-40.C.5 -- 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 Departments of Planning, Engineering and
Public Works reviewed this request and have indicated conditional
approval of the proposed plan. The applicants, prior to recording the Final
Plan, must enter into an Improvements and Road Maintenance Agreement
for on-site and off-site improvements. Collateral needs to be submitted to,
and accepted by, the Weld County Board of County Commissioners prior to
recording of the plat.
F. Section 27-7-40.C.6 — In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Sections of Chapters 22,
24 and 26, if applicable. The applicant is required to enter into an Off-site
Improvements Agreement for pavement of CR 9.5. The Agreement will be
required to be approved and accepted by the Board of County
Commissioners prior to recording the final plat.
G. Section 27-7-40.C.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. Conditions of Approval and Development Standards ensure
that soil conditions shall be considered when placing structures on-site.
Surface Use Agreements have been reached with all oil and gas interests
on-site. A mineral development for gravel extraction was located on the site
and has since been released from the bond for the gravel operation. The
mining is complete and on-going reclamation of the waters edge is being
undertaking by the applicant. The applicant shall submit a Floodplain
Development Permit (FHDP) for all development activities located within
the special flood hazard area. The FEMA definition of development is any
man-made change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment
and materials. Building Permits issued on the property will be required to
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.C.8 -- If compatibility exists between the proposed Uses
and criteria listed in the development guide, and the final plan exactly
conforms to the development guide. The proposed PUD Final Plan Uses
are compatible with the criteria listed in the developmental guide.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Barefoot Lakes, LLC, do Brookfield Residential
Properties for a Site Specific Development Plan and Planned Unit Development Final Plan,
PUDF14-0009, for Planned Unit Development Final Plat - Amendment to First Filing, PF 1078 -
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Replat of Lots 1-32, Block 7; Lots 1-11, Block 8; Lots 1-14 Block 9; Lots 10-17, Block 10; Lots 1-7,
Block 14 and Tract H, 243 Lots with R-1 (Low Density Residential); C-1 (Neighborhood
Commercial); C-2 (General Commercial) Zone Uses and the Vacation of various rights-of-way as
described in the title above, and continuing Oil and Gas Production Uses along with
approximately 213.1 acres of open space consisting of a river corridor, private recreational lakes
and community parks in the 1-25 Regional Urbanization Area Overlay District - Barefoot Lakes
PUD, on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
1. Prior to Recording the PUD Final Plat:
A. CR 28 has been annexed by the Town of Mead. The Town has jurisdiction over all
accesses within their jurisdiction. The applicant shall contact Mead to verify the
Access Permit or for any additional requirement that may be needed to obtain or
upgrade the permit.
B. The applicant shall enter into an updated Improvements and Road Maintenance
Agreement for on-site and off-site improvements. Collateral needs to be submitted
to, and accepted by, the Weld County Board of County Commissioners prior to
recording of the plat. Previously accepted collateral (2006-1915 and 2007-2154)
was obtained for PF-1078, Final Plan for St. Vrain Lakes PUD.
C. Accepted Final Road Plans stamped and signed by a Professional Engineer
registered in the State of Colorado are required.
D. All construction or improvements occurring in a FEMA regulatory floodplain
delineated by FEMA shall comply with Overlay District requirements of Chapter 23,
Article V, Division 2 of the Weld County Code. A Floodplain Development Permit is
required for development within the Floodplain.
E. The applicant shall address the referral comments from the Weld County
Department of Planning Services, dated December 11, 2014, specifically a letter
certifying the Traffic Impact Study is compliant with the FHU Traffic summary and
the preliminary pavement design for the roads associated with the proposed
development.
F. Final construction grading, drainage construction, erosion and sediment control
plans, and water quality control plans (conforming to the Drainage Report)
stamped, signed, and dated by a professional engineer licensed in the State of
Colorado shall be submitted to the Department of Planning Services Engineer.
G. The Final Construction Plans shall legibly show sufficient detail at an appropriate
scale to see proposed finished floor elevations in relation to the 100-year
maximum water surface elevations in the adjacent channels and swales.
Drainage easements, per the Utility Board recommendations, shall be delineated
on the approved plans.
H. The applicant shall submit one (1) complete copy and one (1) electronic copy in
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Word format of the Covenants for the Barefoot Lakes PUD, for review and
approval by County staff.
The applicant shall submit evidence that the Weld County Attorney's Office has
reviewed the Restrictive Covenants and Homeowners' Association Incorporation
paperwork for Barefoot Lakes PUD. Any changes requested by the Weld County
Attorney's Office shall be incorporated as long as those changes are for new
language.
J. The applicant shall submit finalized copies and the appropriate fee ($11.00 for the
first page and $5.00 for each additional page) to the Department of Planning
Services for recording the Restrictive Covenants for Barefoot Lakes PUD in the
Office of the Clerk and Recorder.
K. The applicant shall submit to the Department of Planning Services Certificates
from the Secretary of State showing the Barefoot Lakes PUD Homeowner'
Association has been formed and registered with the State.
L. A Signing Plan, per the current edition of the Manual Uniform Traffic Control
Devices (MUTCD), is required as part of the final roadway plans. The Signing
Plan may include street names, stop, yield, no outlet or other associated
subdivision signing.
M. The applicant shall submit written evidence to the Department of Planning
Services that they have attempted to meet the obligation of the St. Vrain Valley
School District.
N. The applicant shall provide written and graphic evidence to the Department of
Planning Services, from the St. Vrain School District and Post Office ofjurisdiction,
that the proposed mailbox location and bus shelter plan meets design standards
and delivery requirements, and the proposed school drop off/pick up location shall
be approved by the School District. Written evidence of compliance with their
standards and requirements shall be submitted to the Department of Planning
Services. Further, evidence shall be provided that each facility meets the intent of
the Americans with Disabilities Act (ADA) for access. The Department of Building
Inspection shall review the proposed structure for compliance with all applicable
codes as warranted. Evidence of approval shall be submitted to the Department
of Planning Services.
O. The applicant shall submit copies of finalized sewer agreements with the St. Vrain
Sanitation District.
P. The applicant shall provide the Department of Planning Services with a deed for
recording with the Final Plat as evidence that the open space is deeded to the
St. Vrain Lakes Service Plan and Metropolitan District No. 1, 2, 3, and 4.
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Q. The applicant shall submit written evidence to the Department of Planning
Services that all of the concerns of the Department of Planning Services- Engineer
have been addressed.
R. The applicant has indicated that a water tap will be used to water landscaping. The
applicant shall submit evidence that the tap has been conveyed to the St. Vrain
Lakes Service Plan and Metropolitan District No. 1, 2, 3, and 4.
S. The applicant shall present a unanimous petition of all landowners and residents of
the St. Vrain Lakes PUD registered to vote in the State of Colorado, thus qualifying
the Development for inclusion into the Southwest Weld County Law Enforcement
Authority (SWCLEA). A LEA is a taxing unit with a maximum mill levy of seven (7)
mills created for the purpose of providing additional law enforcement by the
County Sheriff to the residents of the developed or developing unincorporated
Weld County. The revenues would be available initially to provide directed patrols
and eventually to provide additional deputies to carry out those activities within the
LEA. This is intended to offset the demand for law enforcement generated by
increased population densities.
T. The Plat shall be amended to include the following:
1) All sheets of the Final Plat shall be labeled PUDF14-0009, First Filing.
2) The Final Plat shall be in compliance with Section 27-9-20 of the Weld
County Code.
3) Common-use areas shall be delineated.
4) Passive and active recreational uses shall be defined.
5) All utility easements shall be indicated on the plat as approved by the Weld
County Utilities Coordinating Advisory Committee.
6) The Weld County Right to Farm Statement, as it appears in Section
22-2-20.J.2 of the Weld County Code, shall be placed on the map and
recognized at all times.
7) CR 9.5 is designated on the Weld County Road Classification Plan as a
paved arterial road, which requires 140 feet of right-of-way (ROW) at full
buildout. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be noted on
the map. The 140 feet of right-of-way shall be dedicated. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by
Weld County.
8) The approved access(es) shall be shown and labeled on the plat and label
with the approved Access Permit Number (AP14-00506).
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9) Easements shall be shown in accordance with Weld County standards,
Section 24-7-60.
10) Approved Town of Mead access(es) shall be shown and labeled on the
map and label with the approved Access Permit Number.
11) The applicant shall submit a Stormwater Maintenance Plan to the
Department of Planning Services-Engineering to be shown on the plat.
12) The FEMA Regulatory Floodplain and Floodway boundaries shall be
shown and labeled, if applicable. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number and/or FEMA approved
Conditional Letter of Map Revision (CLOMR).
13) The locations of the accepted St. Vrain School District and Post Office of
jurisdiction proposed bus shelter(s) and mailbox location(s) shall be
delineated.
14) All internal local road rights-of-way shall be approved by the Weld County
Department of Public Works and dedicated to, and maintained by, the
St. Vrain Lakes Metropolitan District to be shown on the plat.
15) The No. 3 Ditch, the Highland Ditch, and the Hayseed Ditch must be
appropriately labeled and dimensioned, including setbacks.
U. The applicant shall submit a digital file of all drawings associated with the Final
Plan application.
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat
as notes prior to recording:
A. The Final Plat, PUDF14-0009, is for a Planned Unit Development Final Plat -
Amendment to First Filing, PF 1078- Replat of Lots 1-32, Block 7; Lots 1-11, Block
8; Lots 1-14 Block 9; Lots 10-17, Block 10; Lots 1-7, Block 14 and Tract H, 243 Lots
with R-1 (Low Density Residential); C-1 (Neighborhood Commercial); C-2
(General Commercial) Zone Uses and the Vacation of various rights-of-way as
described in the title above, and continuing Oil and Gas Production Uses along
with approximately 213.1 acres of open space consisting of a river corridor, private
recreational lakes and community parks in the 1-25 Regional Urbanization Area
Overlay District, as indicated in the application materials on file, and subject to, and
governed by, the Conditions of Approval stated hereon and all applicable Weld
County regulations.
B. Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
C. The Bulk Standards Requirement, as delineated in Section 23-3-160, Table 23.4,
for R-1 Zone Districts.
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D. The Open Space lots are non-buildable for residential structures.
E. Water service shall be obtained from the Little Thompson Water District.
F. Sewer service shall be obtained from the St. Vrain Sanitation District.
G. Permanent restroom and handwashing facilities shall be provided within easy
access of all public gathering areas. At a minimum, permanent vaulted restroom
facilities shall be placed around the lake. A vault facility, similar to a rest area or
park service facility is recommended.
H. The lake water may not meet all water quality standards for natural swimming
areas as defined by the CDPHE.
A Colorado Department of Public Health and Environment Construction
Stormwater Discharge Permit will be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one (1) acre in area. The applicant shall
contact the Colorado Department of Public Health and Environment,Water Quality
Control Division, at www.cdphe.state.co.us/wq/PermitsUnit, for more information.
J. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Department of Public Health and Environment, a
Fugitive Dust Control Plan must be submitted.
K. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five (5) acres of land must
incorporate all available and practical methods that are technologically feasible
and economically reasonable in order to minimize dust emissions.
L. If land development creates more than a 25-acre contiguous disturbance, or
exceeds six (6) 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.
M. Should noxious weeds exist on the property, or become established as a result of
the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld
County Code.
N. The historical flow patterns and runoff amounts will be maintained in such a
manner that it will reasonably preserve the natural character of the area and
prevent property damage of the type generally attributed to runoff rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm runoff.
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O. The stormwater facilities shall be maintained in accordance with the approved
Stormwater Maintenance Plan.
P. Weld County is not responsible for the maintenance of on-site drainage related
features.
Q. All construction or improvements occurring in the floodplain, as delineated on
Federal Emergency Management Agency (FEMA) FIRM Community Panel
Map #080266-0850C, dated September 28, 1982, and as revised with the St.
Vrain Lakes CLOMR shown on Panel Map #08123C-1890E of the Preliminary
Maps, shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements, as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as
described in 44 CFR parts 59, 60, and 65.
R. Floodplain Development Permits will be required for development activities
located within the special flood hazard area. The FEMA definition of development
is any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
S. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the
start of any development activities, the owner should contact Weld County to
determine if the floodplain boundaries have been modified.
T. Weld County's Right to Farm Statement, as provided in Section 22-2-20.J.2 of the
Weld County Code, shall be recognized at all times.
U. Intersection sight distance triangles at development entrances will be required.
All landscaping within the triangles must be less than 3.5 feet in height a maturity.
V. All signs, including entrance signs, shall require building permits. Signs shall
adhere to the approved Sign Plan.
W. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-wide Road Impact Fee Program.
X. Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Drainage Impact Fee Programs.
Y. A Building Permit will 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, equipment 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: 2012 International Codes, 2006 International Energy Code, 2012
International Fuel Gas Code, 2014 National Electrical Code, 2009 ANSI 117.1
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Accessibility 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.
Z. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
AA. 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.
BB. Building height shall be measured in accordance with the 2012 International
Building Code for the purpose of determining the maximum building size and
height for various uses and types of construction, and to determine compliance
with the Bulk Requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the Weld County Code
to determine compliance with offset and setback requirements. Offset and setback
distances are measured from the farthest projection from the building, a minimum
of ten feet for a front yard setback as requested by the applicant for side loaded
and alley loaded single family residences. Property lines shall be clearly identified,
and all property pins shall be staked prior to the first site inspection.
CC. The applicant shall comply with the requirements of the Utilities Coordinating
Advisory Committee's recommendation from March 26, 2015, and all
recommendations shall be delineated on the Final Plat.
DD. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
EE. The site shall maintain compliance, at all times, with the requirements of the Weld
County Departments of Public Works, Public Health and Environment, Planning
Services, and comply with all regulations and requirements of Chapter 27 of the
Weld County Code and adopted Weld County Code policies.
FF. The operation shall comply with all applicable rules and regulations of the state
and federal agencies and the Weld County Code.
GG. No development activity shall commence, nor shall any building permits be issued
on the property, until the Final Plan has been approved and recorded.
3. The Final plat map shall be submitted to the Department of Planning Services for
recording within one hundred twenty (120) days of approval by the Board of County
Commissioners. With the Final plat map, the applicant shall submit a digital file of all
drawings associated with the Change of Zone application. Acceptable CAD formats are
.dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for Images
is .tif (Group 4). (Group 6 is not acceptable).
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4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012,
should the plat not be recorded within the required one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period
5. Upon completion of Conditions of Approval #1 through #4 above, the applicant shall
submit an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. Upon
approval of the plat, the applicant shall submit a Mylar plat, along with all other
documentation required as Conditions of Approval. The Mylar plat and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The
applicant shall be responsible for paying the recording fee.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required prior to the start of construction. The applicant shall contact the
Department of Planning Services for application information.
7. Prior to the release of any Building Permits:
A. The applicant shall install the required street signs and stop signs at appropriate
locations.
B. The applicant shall supply evidence to the Department of Planning Services that
all requirements of the Mountain View Fire Protection District have been met.
C. Prior to the commencement of construction activities, Stormwater Erosion Control
and Sediment Control Best Management Practices shall be in place in accordance
with approved permits, plans, Weld County Code, and Urban Drainage Standards.
Silt fences shall be maintained on the down gradient portion of the site during all
phases of the site construction.
D. All single-family residences shall have a legible address that is clearly visible from
the street fronting the property. The address numbers shall contrast with their
background.
E. As-Built Construction Plans including survey data and plans of all drainage
facilities, including all storm drain pipes, headwalls, inlets, swales, detention pond
outlet structures giving locations and elevations of key features, shall be submitted
in digital format to Weld County upon completion and final acceptance by the
County.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May,A.D.,2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
,
ATTEST:C� C ;� �( -k-(u- 1:�ct1- T
G[// Barbara Kirkmeyer,Chair
Weld County Clerk to the Board n '(
�+� U etc,r
Mike Freeman,Pro-Tem
D ty Clerk t the � .r� .'
I � t 40 Sean P.Cones y
APPR R ��i � 14.E-0 a
Julie A.Cozad
Co ty ttorney
5/Z Steve Moreno
Date of signature:
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