HomeMy WebLinkAbout20002672 ft P.U.D Final Plan
COLORADO
CASE NUMBER: S-554
PLANNER: Monica Daniels-Mika
APPLICANT: Kent Carlson / Idaho Creek
ADDRESS: P.O. Box 247, Eastlake, CO 80614
REQUEST: A Planned Unit Development Final Plat for 353 Residential Lots in the Mixed Use
Development Area
LEGAL DESCRIPTION: NW4 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County,
Colorado
LOCATION: East of and adjacent to WCR 7.5; and approximately 1/8 mile south of State Hwy
119.
ACRES: 100 PARCEL# 1313 10 000063
The Department of Planning Services' staff has received referral responses from the following
agencies:
Weld County Sheriff's Office - 9-22-00, 12-4-00, 2-27-01
Weld County Building Inspection - 9-28-00
Weld County Public Works - 10-17-00,1-30-01 & 3-5-01
Weld County Department of Public Health and Environment - 10-9-00,10-17-00
Weld County Assessor's Office via phone call
Department of the Army- 9-22-00
Longmont Soils Conservation district- 9-19-00
Left hand Water District- 9-29-00
Town of Frederick - 9-29-00
City of Longmont - 10-4-00
St Vrain Valley School District - 10-11-00
Colorado Water conservation Board - 9-22-00
Mt. View Fire District - 9-27-00
St. Vrain Sanitation District -11-6-00, 2-21-01
Colorado Division of Wildlife (Katie Kinney 2-01 via personal contact)
Weld County Attorney's Office via staff view
Colorado Department of Transportation - 3-6-01
The Department of Planning Services'staff has not received referral responses from the following
agencies:
Colorado Oil and Gas commission
Town of Firestone
Boulder County
1 c;xvc.) —026 7-2
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 27-
7-40 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code as
follows:
a. Section 27-7-40.C.1 --That the proposal is consistent with Chapters 19, 22, 23, 24
and 26 of this Code and any Intergovernmental Agreement in effect influencing the
PUD.
1) No Coordinated Planning Agreements influence this site.
2) The Board of County Commissioners approved case Z-524 for a PUD
Change of Zone from A (Agricultural)to PUD residential for 364 residential
units for this property on October 6, 1999.
3) A.Policy 3, Chapter 26 of the Weld County Code, states, "the conversion of
agricultural land to residential, commercial, and industrial development will
be discouraged when the subject site is located outside of a municipality's
comprehensive plan area, urban growth boundary area or 1-25 Mixed Use
Development area and urban development nodes."This site is located within
the Mixed Use Development Area and is not influenced by a municipal urban
growth boundary.
4) The Conditions of Approval ensure compliance with the Mixed Use
Development Plan.
b. Section 27-7-40.C.2--That the USES which would be allowed in the proposed PUD
will conform with the Performance Standards of the PUD Zone District contained in
Article II of the County Code. At the time of the Change of Zone application the
applicants sought approval for a modification to the performance standards to allow
a reduction in minimum lot size from 6000 square feet to approximately 3000
square feet lots and an overall decrease in setbacks:
Front House = 10 feet
Front Garage = 18 feet
Rear House = 10 feet
Side House = 5 feet
The applicant has submitted evidence demonstrating that the design as proposed
will adhere to these modification.
The Department of Planning Services met with the applicant to discuss the safety
concerns of residential structures located in close proximity with oil and gas
facilities. In April of 2000, the Department of Planning Services suggested that a
350-foot oil and gas buffer, consistent with the R-5 zone district, should be applied
to this site. The applicants are proposing a 250-foot buffer area with a landscape
and bermed area.
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The proposed PUD is served by an internally paved road system. The proposed
PUD has been designed to accommodate pedestrian circulation and travel. All
streets in the PUD are proposed to be privately maintained. When the school site
is developed, a pedestrian signal will be required. The developer shall escrow the
costs of pedestrian signal.
Fifty percent of the site is proposed for common open space. Common open space
shall either be owned and maintained in perpetuity by the Home Owners
Association or another not for profit agency or organization qualified to hold a
conservation easement with a demonstrated ability to maintain the site in perpetuity.
A ten acre school site has been designated for the St Vrain school district. The
open space area has been designed as a open classroom and shall provide
educational opportunities for the residents of the subdivision and the area.
Amenities shall be provided to ensure the successful use of this educational
component.
Tract N is defined as a"Tot Lot"with site amenities to be defined in the landscaping
plan. Additionally, other areas of trails have been designed to accommodate
pedestrian site circulation throughout the subdivision and the region. The trails
have been designed of both hard and concrete surfaces.
The overall design and compatibility of this site is consistent with or exceeds the site
design standards of adjoining existing residential uses. The site is also contiguous
with a commercial area and does share a southern boundary with agricultural land.
A portion of the site has previously been mined.
c. Section 27-7-40.C.3 --That 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 this
Code or MASTER PLANS of affected municipalities. This property is located within
the Mixed Use Development area and is not located in the Comprehensive Plan of
an affected municipality. The overall proposed densities are similar to mobile home
(R-5) subdivisions, located throughout the County. The setbacks and lot sizes of
the parcels are generally smaller than those found in the (R-5) zone district. The
MUD area has been designated to encourage a mixture of residential housing
options and the Planned Unit Development(PUD) process affords the opportunity
to deviate from established performance standards.
d. Section 27-7-40.C.4 --That 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 Article 11 of this Chapter. The
applicants have provided a tap commitment water letter which has been reviewed
and approved by the Weld County Attorney's Office. Sanitary sewer for the site is
provided by St Vrain Sanitation District.
e. Section 27-7-40.C.5-- That 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.
Traffic impacts have been reviewed and addressed with the proposal to construct
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appropriate facilities. Fourteen percent(14%)of the cost of a traffic signal at WCR
7.5 and State Highway 119 shall be escrowed for installation of that signal when
warranted.
f. Section 27-7-40.C.7--That there has been compliance with the applicable
requirements contained in the Chapter 23 regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site. A portion of this site is
located within the Federal Emergency Management Administration(FEMA)defined
100 year flood plain. On February 12, 2001, the applicant received a Letter of Map
Amendment\Determination Documentation from FEMA asserting that the property
has been removed from the subject of determination from the Special Flood Hazard
Area, however local flood permits may be required.
The Weld County Sheriff's Office reviewed this case and suggested several design
standards which according to a 2-27-01 letter have been incorporated into the
overall design of the site.
g. 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 PUD Final Plan conforms with the approved Change of
Zone plat.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant,other relevant information regarding the request, and responses from referral agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
1. Prior to Recording the PUD Final Plat:
a. The applicant shall submit and receive approval from the Weld County Attorney's
office for the proposed covenants or other legal documents pertaining to the
maintenance and ownership of the open space. A recorded copy of the approved
covenants shall be provided to Department of Planning Services.
b. The applicant shall receive approval for the proposed Landscaping and Site
Amenities Plan. The plan shall meet the requirement of Section 27-2-100 of the
Weld County Code. The landscaping plan shall include site amenities for the open
space and park areas to include but not limited to park benches, lighting, signage,
fencing, and pathways/trails.
c. The Final Plat shall not be recorded until a Improvements Agreement or contract
has been entered into and receive approval by the Board of County Commissioners.
Any such agreement or contract shall be made in conformance with the Weld
County policy on Collateral for Improvements.
d. The applicant shall provide evidence that all possible class three mineral extraction
has occurred on this site.
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e. The applicant shall provide evidence that the Weld County Public Works
Department and St Vrain School District have agreed to the school bus pick up
location.
f. The applicant shall revise the open space agreement to show the future owner of
the open space parcel as the Homeowners Association (HOA) or a non profit
agency as previously defined.
g. The applicant shall provide evidence that an approved access permit and offsite
agreement has been granted for this site from the Colorado Department of
Transportation (CDOT).
h. The applicant shall provide an electronic file of the Plats in Auto Cad 2000 version
to the Department of Planning Services.
The applicant shall provide the construction plans for the utilities showing the
location of the fire hydrants, the size of water mains, and available fire flows to the
Fire District for review and approval prior to re apparatus access roads so that
spacing between hydrants does not exceed 500 feet and a hydrant is located within
250 feet of the front of the property lines of all lots. A minimum fire flow of 1,000
gallons per minute, measured at a residual pressure or 20 pounds per square inch,
is required for one and two family dwellings not exceeding 3,600 gross square feet.
Hydrants shall be spaced no more than 300 feet apart in commercial portions of
subdivisions (the school site)and a minimum fire flow of 2,500 g.p.m. at 20 p.s.i. is
required. The installation of fire hydrants, water mains, and access roads is
required to parallel construction and storage of combustible materials on site.
j. The applicant shall provide to the Fire District an eight and one half by eleven inch
map of the subdivision showing the street configuration, street names, hydrant
locations and addresses of the lots.
k. The applicant shall demonstrate that the proposed improvements at State Highway
119 have been included in the plan and bonded.
Current plans submitted for WCR 7.5 propose construction of only two lanes of the
ultimate roadway. If the Board of County Commissioners decline to require the
applicant build all four lanes of the roadway (see page 9, 3.r), the Department of
Public Works requires sufficient roadway design to ensure the second of two lanes
of the roadway plus the median can be constructed.
m. The applicant shall receive approval from the Weld County Public Works
Department for the revised drainage study which was submitted on 2-24-01.
n. The plat shall include the following:
1) A redesign of the oil and gas buffer to be in conformance with as a 350 foot
oil and gas setback.
2) The intersection sight distance triangle shall be shown on the plat.
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3) One designated school bus drop off and pick up area. This facility shall be
designed to provide an all weather facility for the students.
4) A fencing plan including and not limited to the Oil and Gas Buffer area shall
be reviewed and approved by the Weld County Sheriff Office and the
Department of Planning Services staff. The fencing plan shall contain all
security issues related to the ponds,ditch,and oil and gas areas defined on
the plat.
5) All rights of way reservations shall be delineated on the plat.
6) A listing of all tract designation and type of trail construction in each defined
area.
7) Typical sections for internal and external roadways shall be provided. The
required right-of-way for internal and external roadways shall be dedicated
to the County.
8) The proposed public parking areas as defined in the open space/school site
location must be ADA compatible and meet the design criteria of Weld
County Public Works and Weld County Building Inspection. Appropriate
lighting shall be required and approved by Weld County Planning Staff.
9) At the intersection of Idaho Creek Parkway and WCR 7.5,the applicant shall
provide a pedestrian crosswalk approved by the Department of Public
Works.
10) The location and type of signs, including open class room shall be placed
on the plat. All signs shall adhere to Section 26-2-90 of the Weld County
Code.
11) The vicinity map of the site shall be defined to include the entire site.
12) The reference to the rest station areas shall be relabled as information
areas.
13) The certificate of approval shall be redrawn to show a signature block for the
Board of County Commissioners.
14) The following Utility Board condition shall be placed on the plat:
a. The Rural Ditch shall be delineated with a 30' foot easement and
identified on the Utility Plan.
b. All space with tracts A through K and M, shall be identified on the
Utility Plan.
c. The open space adjacent to WCR 7.5 and Lots 26 through 29, Block
2, shall be identified as a tract and be used as a utility corridor.
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2. Prior to Building Permits:
a. Proper building permits shall be obtained prior to any construction, remodeling,
demolition or excavation.
b. Building permits are required for any accessory buildings being constructed or
moved onto property.
c. Separate building permits are required for all monument signs. Signs shall adhere
to Article IV, Division 2 of the Weld County Code and Appendix 26-M of the Weld
County Code as applicable. Engineering may be required.
d. Engineered foundation are required for all primary residences and may be required
for accessory buildings. Engineered foundations shall be based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado licensed
engineer. Any fill material shall contain no rock or similar irreducible material with
a maximum dimension greater than 12 inches. All fills shall be compacted to a
minimum of 90 percent of maximum density. Engineering reports shall be supplied
for all fill material.
e. All buildings or structures shall maintain distances from property lines and adjacent
buildings as outlined in Table 5-A of the 1997 Uniform Building Code.
f. Development documents shall be supplied to the appropriate fire district for their
review.
g. Effective December 1, 1999, Building Permits issued on the proposed subdivision
will be required to adhere to the fee structure of the Southwest Weld Road Impact
Program Area 1. (Chapter 20, Article II of the Weld County Code)
3. The Final Plat is conditional upon the following and that each be placed on the Final Plat
as notes prior to recording:
a. Utility provisions shall be placed on the plat in accordance with those utilities
approved by the Utility Board and each utility provider.
b. The Bulk Requirements and setbacks as approved at the time of the Change of
Zone shall be delineated on the plat and shall apply to all parcels in this subdivision.
c. As stated in Chapter 26 of the Weld County Code, the maximum lot coverage shall
not at any time exceed fifty percent (50%).
d. Setbacks to oil and gas facilities shall be as required in the (R-5) Zone District as
stated in section 23.3.160.f of the Weld County Code.
e. All construction or improvements occurring in the flood plain as delineated on
Federal Emergency Management Agency (FEMA) Community Panel Map 080266
0850 C, dated September 28, 1982, shall comply with the Flood Hazard Overlay
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District requirements of Chapter 23 of the Weld County Code.
f. The site shall maintain compliance at all times with the requirements of the Weld
County Department of Public Works,Weld County Department of Public Health and
Environment, and the Weld County Department of Planning Services.
g. Educational facilities shall fall under the building and electrical requirements of the
State of Colorado.
h. Water service shall be provided by Left Hand Water and sewer service provided by
Saint Vrain Sanitation District.
The applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment, if
required. Slit fences shall be maintained on the down gradient portion of the site
during all parts of the construction phase of the project.
j. During development of the site, all land disturbance shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Health Department, 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 acres of land must incorporate all
available and practical methods which are technically feasible and economically
reasonable in order to minimize dust emissions.
If land development creates more than 25 acre contiguous disturbance,or exceeds
six months induration, 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. Weld County's"Right to Farm"from Chapter 22 of the Weld County Code, shall be
placed on the plat.
n. Fire apparatus roads must by designed and maintained to support the imposed
loads of fire apparatus (60,000 pounds)and must have a surface that provides all-
weather driving capabilities. Access roads shall be maintained when building
construction begins.
o. Street intersections must be marked with signs showing the street name and
address range when building construction begins. If non-standard street signs are
used,the Fire District respectfully requests to comment with regard to sign visibility.
p. All intersections shall have stop signs for two way stop control and street name
signs.
q. Landscaping within the intersection sight distance triangle shall be less than 3.5 feet
at maturity.
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�• r. Weld County Road 7.5 shall be constructed by the developer at its full width, and
meet Chapter 26 of the Weld County Code.
s. All outdoor storage shall be screened from public rights-of-way, and adjacent
properties.
t. All development shall adhere to all requirements of the Mountain View Fire
Protection District.
u. The maximum permissible noise level shall not exceed the residential limit as
measured according to 25-12-103, Colorado Revised Statutes.
v. All single-family residences shall have a legible address that is clearly visible from
the street fronting the property.
w. Effective December 1, 1999, Building Permits issued on the proposed subdivision
will be required to adhere to the fee structure of the Southwest Weld Road Impact
Program Area 1. (Chapter 20, Article II of the Weld County Code)
x. Approval of this plan may create a vested property right pursuant to Chapter 23,
Article VIII of the Weld County Code.
y. The applicant shall comply with Chapter 27, Article VIII.
4. The Final Plat shall be submitted to the Department of Planning Services for recording
within 60 days of approval by the Board of County Commissioners.
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•
DEPARTMENT OF PLANNING SERVICES
tjorsi
PHONE (970) 353-6100, EXT.3540
FAX X (970) 304-6498
AVENUE 1555 TH AVENUE
GREELEY, COLORADO 80631
wilgC.
COLORADO
September 11, 2000
Idaho Creek
Kent Carlson
P.O. Box 247
Eastlake, CO 80614
Subject: S-554- Request for approval of a Planned Unit Development Final Plat located in the Mixed
Use Development Area on a parcel of land described as NW4 NE4 of Section 10, T2N, R68W
of the 6th P.M., Weld County, Colorado.
Dear Mr. Carlson:
Your application and related materials for the request described above are complete and in order at the
present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for
Thursday, September 28, 2000, at 10:00 a.m. This meeting will take place in the Weld County Planning
Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado. The Clerk to the Boards office will
notify you of the Board of County Commissioner's hearing date, currently set for October 18, 2000.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Firestone, Frederick and Longmont Planning Commission's for their review and
comments. Please call Town of Firestone at 303-833-3291; Town of Frederick at 303-833-2388; and City
of Longmont at 303-651-8330, for information regarding the date, time and place of these meetings and
the review process. It is recommended that you and/or a representative be in attendance at each of the
meetings described above in order to answer any questions that might arise with respect to your
application.
A representative from the Department of Planning Services will be out to the property to post a sign
adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,
and location. In the event the property under consideration is not adjacent to a publicly maintained road
right-of-way, one sign will be posted in the most prominent place on the property and post a second sign
at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Board of County Commissioners. It is the responsibility of the applicant to contact the
Department of Planning Services office a few days before the date of the hearing to obtain that
recommendation.
If you have any questions concerning this matter, please feel free to call me.
Sincerely,
11� 1 442).. I '.(��
Moni a Daniels ika;AICP _
Director 2000-2672
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