HomeMy WebLinkAbout982226.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution, with the change for patio home lot sizes from 1200-1300,
to 4000 square feet, be introduced for passage by the Weld County Planning Commission that the application
for:
CASE NUMBER: Z-513
APPLICANT: Floyd Oliver, The Elms
ADDRESS: Longmont, Colorado 80501
PLANNER: Monica Daniels-Mika
REQUEST: PUD Change of Zone from A(Agricultural ) to PUD for single family and patio home uses.
(not to exceed 87 single family units and 137 patio units for a total of 224)
LEGAL DESCRIPTION: Part of the NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to WCR 26; west of and adjacent to WCR 5.5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with Section 6.4.2.6 of the Weld County Planned Unit
Development Ordinance, as amended as follows:
A. Section 6.4.2.6.1. -The proposal is consistent with the Weld County Comprehensive Plan,
MUD Ordinance, if applicable,and any Intergovernmental Agreement in effect influencing the
PUD, and the Weld County Zoning and Subdivision Ordinances.
Comp Plan 1) PUD. Goal 2 states"encourage creative approaches to land development which will
result in environments of distinct identity and character."
Comp Plan 2) A.Policy 7 states"Weld County recognizes the"right to farm". In order to validate
this recognition Weld County has established an example covenant which should be
incorporated on all pertinent land use plats. The Department of Planning Services
will require the covenant to appear on the recorded final plat.
Comp Plan 3) OG. Goal 1 states"Oil and gas exploration and production should occur in a manner
which minimizes the impact to agricultural uses and the environment and reduces
the conflicts between mineral development and current and future surface uses."
Comp Plan 4) No intergovernmental agreements presently influence this site.
B. Section 6.4.2.6.2-The uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Section Two of the PUD.
1) 2.1 Access Standards-Access to this PUD will be from WCR 5.5 and WCR
26. (See Condition of Approval 10F).
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RESOLUTION, Z-513
Floyd Oliver
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2) 2.2 Buffering and Screening- USES, BUILDINGS or STRUCTURES within and
adjacent to a PUD Zone District shall be adequately buffered and
SCREENED to make their appearance and operation harmonious with the
surrounding USES. The site will maintain compliance with the MUD
standards regarding screening and buffering of property. (See Condition of
Approval 10C)
3) 2.3 Bulk Requirements - The normal Bulk Requirements for minimum
SETBACK, minimum OFFSET, minimum LOT size, minimum LOT area per
STRUCTURE, maximum height of BUILDINGS, and LOT coverage may be
varied as specified in a PUD Final Plan. (All other performance standards
applicable to a PUD Zone District may be required to be as strict as the
performance standards contained in the zone district in which the USE
would usually be allowed). Based on the information submitted the
applicant is requesting a variation For Patio Home Lots:
2.3.1 Lot Size: 4000 sf per lot
2.3.2 Minimum Offset: 5 feet
2.3.3 Minimum Setback 15 feet
2.3.4 Minimum lot area per structure: 50% of the site proposed for
structural improvements.
The proposed residential lots shall adhere to the bulk requirements
of the R1 Zone District.
4) 2.4 Circulation -Development within a PUD Zone District shall be designed and
constructed to include adequate, safe and convenient arrangements for
pedestrian and vehicular circulation, off-street parking and loading space.
Pedestrian and vehicular circulation shall relate to the circulation system
external to a PUD Zone District. All STREETS within the PUD Zone District,
whether private or PUBLIC shall be designed and constructed to meet the
requirements of the Weld County Public Works Department, the Subdivision
Ordinance and the MUD Ordinance, if applicable. The applicant will be
responsible for designing the cross sections according to Figure 2.10 of the
Mixed Use Development Plan. Final plan submittal will require a traffic
analysis. Additionally, the applicant is responsible for meeting the
requirements of the July 22, 1998 letter, from Weld County Public Works.
5) 2.5 Common Open Space - is defined as any usable parcel of land or water
unimproved and set aside, dedicated, designated or reserved for public or
private USE or for the USE and enjoyment of owners or occupants of land
adjoining or neighboring such area. Common Open Space includes
landscape areas that are not occupied by building or USES such as storage
or service areas, private court yards, parking lots and islands. The amount
and type of COMMON OPEN SPACE provided in a PUD Zone District shall
be proportioned according to the intensity of the zone districts called for in
the PUD or USES specified in the application, unless specifically delineated
in the MUD Ordinance. COMMON OPEN SPACE shall be designed to be
useful to the occupants and/or residents of the PUD Zone District for
recreational and scenic purposes. COMMON OPEN SPACE in the PUD
Zone District shall be owned and maintained in perpetuity by an organization
established specifically for such ownership and maintenance purposes. As
proposed the site does meet the open space requirements of the MUD Plan.
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RESOLUTION, Z-513
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7) 2.7 Design Standards and Improvement Agreements -The Design Standards
and Improvement Agreements of Section 10, 12 and 13 of the Subdivision
Ordinance shall be utilized. Certain PUD Final Plan requirements may differ
from those specifically listed in the Subdivision Ordinance. (Final recording
shall not occur until the required improvements agreement has been
approved and collateral tendered).
8) 2.8 Filing -A Final Plan may develop in filings within a PUD. A filing is where
only a portion of the development is platted at a time. An Improvements
Agreement is required only for the filing being platted and developed.
Development of the site may only occur within the approved and platted
filing(s). Most recently, the applicant has chosen to develop this site in two
filings. The applicant will be responsible for demonstrating the filings
location not to exceed 124 units for the first filing.
9) 2.9 Landscaping Standards-No building permit shall be issued for any building
or any portion of a PUD until the landscaping required by the landscape plan
map is in place and/or an on-site Improvements Agreement has been
entered into which complies with the requirements in Weld County MUD and
PUD Ordinances.
10) 2.11 Mixed Use Development Area - All development located within the MUD
area, as delineated on the MUD Structural Map 2.1, shall be subject to the
additional development criteria as indicated in the MUD Ordinance#191.
This proposal is located within the MUD area and does propose to adhere
to the MUD standards when attached conditions are met.
11) 2.12 Monuments-Permanent reference monuments shall be set on the Planned
Unit Development according to the Subdivision Ordinance and Section 30-
51-101, et seq., of the Colorado Revised Statues.
12) 2.14 Parking Requirements -All parking and loading areas within a PUD shall
comply with Section 41 of the Weld County Zoning Ordinance, as amended,
and landscaping parking lot standards of the MUD Plan, as amended. All
parking and loading areas shall be paved and striped.
13) 2.15 Phasing -A Final Plan may develop in phases within a PUD. Phasing the
construction of the development may occur within separate filings or for the
entire subdivision. An Improvements Agreement is only required for the
phase being developed.
14) 2.16 Public Water Provisions - Public water systems serving PUD's must be
capable of meeting State drinking water regulations, (Colorado Primary
Drinking Water Regulations) and have adequate provisions for a 300-year
supply of water. This application is intended to be served by Left Land
Water District, and the Weld County Health Department reviewed this case
in accordance with this consideration in place. In a letter from Left Hand
Water District (July, 20,1998), it appears that 124 lots can be adequately
served with water. Water service will be through a master meter.
RESOLUTION, Z-513
Floyd Oliver
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15) 2.18 Urban Scale Development- Developments exceeding 5 lots and/or located
in close proximity to existing PUD's, subdivisions, municipal boundaries, or
urban growth corridors and boundaries. All urban scale developments shall
pave the internal road systems of the development. For the purpose of
review, this application is considered urban scale and shall adhere to the
requirements of urban type developments.
16) 2.19 USES - USES within a PUD Zone District shall be described by filings,
phases, blocks and lots within a PUD. This description shall give a clear
indication of the type of USE to take place and a description of the type of
BUILDINGS and STRUCTURES to be associated with those USES. This
description shall be in adequate detail to determine density, COMMON
OPEN SPACE, major vehicle and pedestrian circulation, water and sewer
facilities, the buffering or SCREENING of the USE and the time frame for
construction of the USE. This application does not propose an estimate for
time frame for construction, nor does the application establish filings for this
PUD. (See Condition of Approval 9D & 10L)
17) 2.20 Water and Sewer Provisions- A PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system. Sewer for this site is
proposed by St Vrain Sanitation District. St Vrain Sanitation District has
commented that they have the ability to provide service to this site.
C. Section 6.4.2.6.3-The uses which would 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 the Comprehensive Plan or Master Plans of affect
municipalities. The proposed PUD site does meet compliance with the Weld County MUD
structural 2.1 Land Use Map, for residential development. Presently, the site is adjacent to
an existing residential subdivision , with the balance of the proposed PUD surrounded by
agricultural uses.
D. Section 6.4.2.6.4-The PUD Zone District shall be serviced by an adequate water supply and
sewage disposal system in compliance with the Performance Standards in section Two (2)
of the PUD Ordinance. Left Hand will be made available to serve the site, however only 124
units can be served within the first filing.
E. Section 6.4.2.6.5 - 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 Pud Zone District. The Weld County Public Works
Department reviewed this application (See Condition of Approval 10E & 101).
F. Section 6.4.2.6.6-An off-site road improvements agreement and an on-site improvements
agreement proposal is in compliance with the Weld County Subdivision Ordinances, as
amended and a road improvements agreement is complete and has been submitted. (This
information has not been submitted, and will need to be submitted at the final plan. See 11A)
G. Section 6.4.2.6.7 -There has been compliance with the applicable requirements contained
in the Zoning Ordinance regarding overlay district, commercial mineral deposits, and soil
conditions on the subject site. No overlay districts influence this site. (See Condition of
Approval 10B for mineral extraction condition).
RESOLUTION, Z-513
Floyd Oliver
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H. Section 6.4.2.6.8-Consistency exists between the proposed Zone District(s), uses and the
Specific Development Guide. The PUD is proposing a FLEX zoning area. This area will
need further delineation on the plat as well as additional environmental investigation to meet
the intent of the Development Guide. (See Condition of Approval 10G).
2. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), as follows:
A. Section 6.3.1 Environmental Impacts: The referral response received 6/4/98 from the Weld
County Health Department indicates that the application materials have adequately
addressed all of the potential impacts described in Section 6.3.1.2.1 of the Weld County
Planned Unit Development Ordinance (Ordinance 197).
B. Section 6.3.2 Service Provision Impacts: The applicant has satisfactorily addressed the
majority of service provision impacts in the application materials. Additional requirements of
the Weld County Public Works Department are addressed through the attached conditions
of approval.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape Plan in
accordance with Section 9.3 of the Weld County Planned Unit Development Ordinance
(Ordinance 197). See 11A which addresses on-going maintenance and planting schedules
at the time of final plan submittal.
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites advantages and
limitations, as well as the compatibility of the development with adjacent sites. (See
Conditions of Approval 10C.)
E. Section 6.3.5 Common Open Space Usage: The application proposes 29.9 acres of common
open space, or 30%of the site. The applicant is establishing a homeowners organization in
accordance with the requirements of Section 6.3.5 of the Weld County Planned Unit
Development Ordinance (Ordinance 197).
F. Section 6.3.6 Proposed Signage: The applicant is proposing signage with this application.
Condition of approval 10K addresses future proposed signage. The signage is to include
entrance signs, entrance walls, and identification walls. (see COA 10.0-4)
G. Section 6.3.7 MUD Impacts: The proposed change of zone does lie within the Mixed Use
Development area, and requires adherence to all MUD standards.
H. Section 6.3.8 Intergovernmental Agreement Impacts:The proposed change of zone does not
lie within any Intergovernmental Agreement area.
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 entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The change of zone plat map shall be submitted to the Department of Planning Services for recording
within 30 days of approval by the Board of County Commissioners.
2. The site shall maintain compliance at all times with the requirements of the Weld County Public Works
Department, Weld County Health Department, and the Weld County Department of Planning
Services, and adopted Weld County ordinances and policies.
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RESOLUTION, Z-513
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3. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. (Dept.
of Planning Services)
4. Outdoor storage shall be screened from public rights of ways, and adjacent properties. (Dept. of
Planning Services)
5. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan shall be recognized
at all times. (Dept. of Planning Services)
6. The applicant shall comply with Section 8.7 of the Weld County Planned Unit Development
Ordinance. (Ordinance 197)
7. The applicant shall obtain water from Left Hand Water District and sewer service from St. Vrain
Sanitation District. (W.C. Health)
8. In the event that more than five acres of the site is disturbed during construction activities, the
applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the
Colorado Department of Public Health and the Environment. (W.C. Health)
9. Prior to recording the Change of Zone plat:
A. The applicant shall submit a copy of an agreement with Energy Mineral Corporation
stipulating that the oil and gas activities have adequately been incorporated into the design
of the site. (DPS)
B. The applicant shall submit evidence to the Dept. of Planning Services from St Vrain Valley
School District indicating that a school service agreement has been reached.(DPS)
C. All proposed street names shall be submitted to the Longmont Post Office for review of
duplication of street names. Evidence shall be submitted to the DPS that a duplication of
street names will not occur with this proposed subdivision.
D. The applicant shall submit a proposed estimate for time of construction for all filings of the
PUD.
10. The plat shall be amended to include the following:
a) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(DPS)
b) The location of possible future oil and gas drill site locations (DPS- in accordance
with Oil Goal 1 of the Weld County Comprehensive Plan.)
c) The location of an opaque screen between adjoining properties to avoid conflict of
uses. (2.6.2-Standard 4 MUD plan).
d) At least 10%of the area of a parking lot must be landscaped if the lot contains 10 or
more spaces(2.6.3 Mud Plan)and all parking and loading areas shall be paved and
striped, these conditions need to be reflected.
e) A delineation of an 80 foot road right of way for WCR 5.5 and WCR 26.
f) The presence of an entrance onto the PUD on WCR 26.
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RESOLUTION, Z-513
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g) The "Flex Area" as proposed in the application shall be incorporated into the plat.
A delineation of the most intense use shall be shown not to exceed 43 patio home
lots and 17 single family lots.
h) Lot and Block numbers shall be included on the plat.
I) Those areas proposed for treated "concrete" sidewalk delineation shall be
included on the plats as well as the path area shown in the open space area.
Uses pertaining to equestrian use must be delineated.
j) The design of the park area including park amenities shall be incorporated into the
plat.
k) All future signs including entrance signs shall be delineated on the plat and shall
require building permits.
I) A delineation of the proposed filings.
m) To show the typical cross sections redrawn to meet County MUD standards.
n) The correct legal description of the property shall be included throughout the
plat. The correct legal description is described in the deed.
o) Inconsistency in the development narrative shall reflect:
1.) Patio homes on 4000 square foot lots.
2.) Street narratives shall delineate Weld Count MUD standards.
3.) Residential structural and architectural character shall be corrected
to show the number of proposed lots for first filling at 124 total units
within a breakdown of patio homes and single family units. A total
build out not to exceed a total of 224 units.
4.) Details on the entrance wall and identification walls shall be
included. (These identification walls will be considered as signs
and as such must meet the MUD sign code.)
p) The land use designation on the vicinity map must indicate present MUD
Structural land use classifications.
11. At the time of Final Plan submittal:
A. The applicant shall submit an on-site improvements agreement which addresses open space
maintenance and landscaping in accordance with Section 6.3.3.2. (DPS)
B. Final Plan submittal will require an updated traffic analysis. (Weld County Public Works)
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RESOLUTION, Z-513
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Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Stephan Mokray
Marie Koolstra
Cristie Nicklas
Jack Epple
Michael Miller
Fred Walker
Bruce Fitzgerald
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the Planning Commission of Weld County, Colorado, adopted
on August 18, 1998.
Dated the 18th of gust 1998.
Wendi Inloes
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
DEVELOPMENT STANDARDS
FLOYD OLIVER-THE ELMS
Z-513
1. The site specific development plan is for a PUD change of zone from agricultural to PUD Residential,
as indicated in the application materials on file in the Department of Planning Services and subject
to Development standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended.
3. The property owner shall be responsible for compiling with the Performance of Section 2 of the PUD
Ordinance.
4. The property owner shall be responsible for complying with Supplemental Procedures and
Requirements of Section 8 of the PUD Ordinance.
5. The property owner shall be responsible for complying with policies, goals, standards and regulations
of the MUD Ordinance, as amended.
6. Personnel from the Weld County Health and Planning Departments 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 Development Standards stated herein and all applicable Weld County Regulations.
7. The permitted area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County Regulations. Substantial change from the submitted
development guide or plan will require additional review of the Final Plan by the Board of County
Commissioners at a public hearing.
8. The parking lot area shall maintain compliance with Section 41. Of the Weld County Zoning
Ordinance as amended and 2.6.3 Landscaping Requirement for Parking Lots of the MUD Plan as
amended.
9. The property owner shall be responsible for maintaining compliance with Section 2.8 Design
Standards of the Weld County MUD Ordinancne, as amended
10. The property owner shall be responsible for maintaining compliance with Section 2.9 Utility,
Infrastructure, and Public Facility Regulations of the Weld County MUD Ordinance amended.
11. The property owner shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
12. No development activity shall commence on the property, nor shall any building permits be issued
on the property until the final plan as been approved and recorded.
13. The property owner shall be responsible for maintaining compliance with the signage requirement of
42.2 of the Weld County Zoning Ordinance and Section 2.8 Of the MUD Plan.
14. The property will maintain compliance with Section 2.8.2.5 B of the MUD Plan, stating that motor
vehicles, trailers or portable bases with wheels or to which wheels may be readily affixed shall not be
used as a sign structure for any signs within the MUD area .
15. The applicant shall obtain water from Left Hand Water District,and sewer service from the St. Vrain
Sanitaiton District.
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