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Home My WebLink About982006.tiff HEARING CERTIFICATION DOCKET NO. 98-56 RE: SITE SPECIFIC DEVELOPMENT PLAN AND CHANGE OF ZONE #513 FROM A (AGRICULTURAL) TO PLANNED UNIT DEVELOPMENT FOR SINGLE FAMILY AND PATIO HOME USES (137 PATIO UNITS FOR A TOTAL OF 224 UNITS) - FLOYD OLIVER, THE ELMS, c/o BHA DESIGN A public hearing was conducted on October 14, 1998, at 10:00 a.m., with the following present: Commissioner Constance L. Harbert, Chair Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Monica Mika Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated August 28, 1998, and duly published September 23, 1998, in the Platteville Herald, a public hearing was conducted to consider the request of Floyd Oliver, The Elms, % BHA Design for a Site Specific Development Plan and Change of Zone#513 from A (Agricultural) to Planned Unit Development for Single Family and Patio Home uses (not to exceed 137 patio units for a total of 224). Lee Morrison, Assistant County Attorney, made this a matter of record. Monica Mika, Director of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. Ms. Mika stated this development will be located on a 144-acre parcel and is proposed with 87 single family units and 137 patio homes. She further stated the applicant and his representative have agreed to the buffer and landscaping plan as required in Condition of Approval #10.C and added the applicant has requested the final plat approval be handled administratively. Ms. Mika stated if the Board feels delegating the approval authority to the Department of Planning Services is acceptable, it should be included in the motion. She further stated the applicant is also requesting flex zoning for Block 5 in Condition #10.G to allow more single family units to be built if there is a high market demand. Ms. Mika also requested a sentence be added to Condition of Approval#5 to state, "The Elms residents should be on notice that the adjacent dairy is not blocked at its current size and does have the right to apply for expansion." In response to Commissioner Hall, Ms. Mika stated the Right to Farm Covenant is required to be placed on the plat and the Department of Planning Services will request it also be included in the development's Covenants. Responding to Commissioner Kirkmeyer, Ms. Mika stated the proposed sentence for Condition of Approval#5 will also need to be included in Condition of Approval #10.a. In response to Commissioner Kirkmeyer, Don Carroll, Department of Public Works representative, stated the concerns listed in the Traffic Review, marked Exhibit E, have been addressed as stated in his memo dated July 10, 1998. He indicated the traffic study review, performed by Felsburg, Holt 982006 ''c. PL1254 HEARING CERTIFICATION - FLOYD OLIVER, THE ELMS, % BHA DESIGN (COZ#513) PAGE 2 and Ullevig, suggests additional analysis be conducted north of The Elms at the intersection of Weld County Roads 5 and 26, stop signs be posted leaving and entering the development, and that there be two accesses to the development from Weld County Road 26. Bruce Henvee, BHA Design, represented the applicant and stated the applicant would like this development to be an expansion of Meadow Vale Farm. He explained the proposed patio home lots will be approximately one acre in size and a greenbelt will connect the blocks. Mr. Henvee stated the flex option in Condition #10.G, allows the developer to determine whether single family units or patio homes are in higher demand prior to completing Block 5, and he gave a brief description of the landscaping plan. In response to Chair Harbert, Mr. Henvee stated the single family units will be approximately one-half acre in size. He indicated the internal street will be extended to create a second access from Weld County Road 26 and stated there will be a central post office at the end of the main entrance. In response to Commissioner Hall, Floyd Oliver, applicant, explained Meadow Vale Farms has a three-pipe system. One pipe provides internal water which is supplied by Left Hand Water District and another pipe is used for private irrigation. The third line is a private line from a reservoir which is pumped and used for irrigating the public open space. Mr. Oliver stated this system will be expanded to include the Elms. There will be an additional reservoir with a pump station to will provide water at the back of each lot for private and open space irrigation and sprinkler systems. In response to Chair Harbert, Mr. Oliver stated there will be a homeowners association which will provide joint maintenance on the pump station with the Meadow Vale Homeowners Association. He explained the farmer which owned the land has been trained in maintenance of the pump and sprinkler system and is the full-time grounds keeper. Responding to Commissioners Hall and Kirkmeyer, Mr. Oliver stated there is a separate eight-inch water line for fires which is connected to a 16-inch main from Left Hand Water District. He added that Left Hand Water District is in the process of expanding its supply and has committed to 124 taps, and he has applied for the remaining taps. In response to Commissioner Kirkmeyer, Ms. Mika recommended deleting "not to exceed 87 single family units and" from the request to allow the applicant the ability to flex the amount of single family units. She added there will be a note on the plat for further explanation. In response to Commissioner Hall, Ms. Mika stated Condition of Approval#10.G refers only to the flex area in Block 5. Mr. Carroll responded to questions from Commissioner Kirkmeyer in reference to the comments listed in the traffic study and site plan review dated August 21, 1998, regarding whether each concern in the letter had been addressed. After further discussion, Commissioner Kirkmeyer clarified the additional traffic analysis will be conducted north of The Elms, "Stop" signs will be posted at the exits, and there will be two accesses from Weld County Road 26. She indicated whether to allow home frontage on collector streets and the number of accesses to a collector street are concerns that should be addressed prior to an application coming before the Board. Ms. Mika reiterated that those concerns not proposed as Conditions of Approval and Development Standards that are still at issue will become Conditions of Approval during the Final Plan process. In response to Chair Harbert, Mr. Carroll clarified the applicant has agreed to extend the street to connect with Weld County Road 26 as a second access and added the applicant is also dedicating 71 feet of right-of-way to allow for a ten-foot setback from the curb to the sidewalk. Commissioner Kirkmeyer clarified the second access has been addressed although it is not a Condition of Approval. She further stated there is a safety issue when allowing home frontage and multiple accesses on a collector street. Mr. Carroll stated the main entry does qualify as a collector or arterial street. Commissioner Baxter commented the speed limits within a development are slower than most collector streets and multiple access should not be a concern. Mr. Henvee added 982006 PL1254 HEARING CERTIFICATION - FLOYD OLIVER, THE ELMS, % BHA DESIGN (COZ#513) PAGE 3 that because a second access will be built, the amount of traffic at the main entrance will be significantly reduced. In response to Chair Harbert, Mr. Oliver stated shared accesses are not necessary because there is a full-width divided street at the entrance of the development. Chair Harbert indicated there could be a traffic hazard depending on the location of the driveways. Commissioner Hall commented shared accesses will not reduce the amount of traffic and will also cause conflict over who is responsible for maintaining the driveways. Mr. Carroll stated the typical speed limit within subdivisions is thirty miles per hour. In response to Commissioner Kirkmeyer, Mr. Oliver stated there will be traffic and pedestrian access to the local school. Ms. Mika stated there will be an updated analysis prior to recording the plat and any further traffic issues will be included as Conditions of Approval at that time. No public testimony was offered concerning this matter. Ms. Mika clarified the applicant has requested the Planning staff be delegated the authority of approving the final plat; however, if there are significant changes, it will come before the Board for approval. Commissioner Hall moved to approve the request of Floyd Oliver, The Elms, % BHA Design for a Site Specific Development Plan and Change of Zone #513 from A (Agricultural) to Planned Unit Development for Single Family and Patio Home uses (not to exceed 137 patio units for a total of 224), based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record; delegated the authority to approve the final plat to the Department of Planning Services unless there are significant changes which require the Board's approval. Commissioner Baxter seconded the motion. Following discussion, Commissioner Hall amended his motion to add an additional sentence to Conditions of Approval#10.A and #5 as discussed above, and delete the phrase "not to exceed 87 single family units and" from the request as submitted by staff. Commissioner Baxter agreed with the amendment, and the motion carried unanimously. This Certification was approved on the 19th day of October , 1998. APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO Weld County Clerk•15- ��,` /0":72-<-7;74,..".." tr�";j:- Z-1r Constance L. Harbert, Chair BY: ( ' Deputy Clerk t porct- <4. (Ld'N A W. H. ebster, Pro-Tem TAPE #98-29 too ,e- -• := Baxter DOCKET#98-56 Dale K. Hall Barbara J. Kirkmeyer 982006 PL1254 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF OCTOBER, 1998: DOCKET#98-56 - FLOYD OLIVER/THE ELMS PLEASE legibly write or print your name and complete address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME AND ADDRESS (Please include City and Zip Code) DOCKET#OF HEARING ATTENDING tEucE ll -PBI k ttio1.1 i uat. `i '3 imow ricg ut r Fr /auMM 60525 FL-ONO CI- VF(L U25o W 144 5%. *'y6 912FFLFY 00 20639 (Tie� e l�a� Lti (( G, 4 w .C Res LE)Arnow;1t et.. .2e 'ott od o-c/2 2 EXHIBIT INVENTORY CONTROL SHEET /� Case COL X5/3) J d �Ilp/1,U) .�lYlu,�O(Pt° , �/o RNA �(li aty- Exhibit Submitted By Exhibit Description 0 A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes) D. Clerk to the Board Notice of Hearing E. H? h, (&Jrv`1;, Lei . J i, G. Plattruriq l & ?9- /-01 w Attu) Play) �PlaQCtic-Lip H. J 71 J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. mmcu'exmv ysa00/v Hello