HomeMy WebLinkAbout982005.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A(AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT FOR FLOYD OLIVER, THE ELMS, % BHA DESIGN
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 14th day of October, 1998, at 10:00 a.m.
for the purpose of hearing the application of Floyd Oliver, The Elms, % BHA Design, 4803
Innovation Drive, Fort Collins, Colorado 80525, requesting a Change of Zone from
A (Agricultural) to a PUD (Planned Unit Development) District for a parcel of land located on the
following described real estate, to-wit:
Part of the NW% of Section 4, Township 2 North, Range 68 West
of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present, as was his representative Bruce Hendee, BHA
Design, and
WHEREAS, Section 28.8 of the Weld County Zoning Ordinance provides standards for
review of such a Change of Zone, 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 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.
1) PUD. Goal 2 of the Comprehensive Plan states, "encourage
creative approaches to land development which will result in
environments of distinct identity and character."
2) A.Policy 7 of the Comprehensive Plan 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.
982005
�� PL Q z aim PL1254
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - FLOYD OLIVER, THE ELMS,
% BHA DESIGN
PAGE 2
3) OG. Goal 1 of the Comprehensive Plan 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."
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 2 of the PUD Ordinance, specifically as follows:
1) Section 2.1-Access Standards: Access to this PUD will be from
WCR 5.5 and WCR 26. (See Condition of Approval #10F.)
2) Section 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) Section 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: 4,000 square feet 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 R-1 Zone District.
4) Section 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
982005
PL1254
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - FLOYD OLIVER, THE ELMS,
% BHA DESIGN
PAGE 3
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) Section 2.5 - Common Open Space: 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.
6) Inadvertently omitted.
7) Section 2.7 - Design Standards and Improvement Agreements:
The Design Standards and Improvement Agreements of Sections
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) Section 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.
982005
PL1254
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - FLOYD OLIVER, THE ELMS,
BHA DESIGN
PAGE 4
9) Section 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) Section 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. This proposal is located within
the MUD area and does propose to adhere to the MUD standards
when attached conditions are met.
11) Section 2.12 - Monuments: Permanent reference monuments
shall be set on the PUD according to the Subdivision Ordinance
and Section 30-51-101, C.R.S., as amended.
12) Section 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 Ordinance, as amended. All parking and
loading areas shall be paved and striped.
13) Section 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) Section 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 the Left Hand 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.
15) Section 2.18 - Urban Scale Development: Developments
exceeding five (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.
982005
PL1254
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - FLOYD OLIVER, THE ELMS,
% BHA DESIGN
PAGE 5
16) Section 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 Conditions of Approval #9D and
#10L.)
17) Section 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 the Saint Vrain
Sanitation District. The Saint Vrain Sanitation District has
commented that it has 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 affected
municipalities. The proposed PUD site complies 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 2 of the PUD Ordinance. Left
Hand water 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 Conditions of Approval #10E and #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 Ordinance, 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 Condition of Approval #11A.)
982005
PL1254
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - FLOYD OLIVER, THE ELMS,
BHA DESIGN
PAGE 6
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 #106 for
mineral extraction condition.)
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
June 4, 1998, 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.
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. See Condition of Approval #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
site's advantages and limitations, as well as the compatibility of the
development with adjacent sites. (See Condition of Approval#10C.)
E. Section 6.3.5 - Common Open Space Usage: The application proposes
29.9 acres of common open space, or 30 percent of the site. The
applicant is establishing a homeowners association in accordance with
the requirements of Section 6.3.5 of the Weld County Planned Unit
Development Ordinance.
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 Condition of Approval #10.O.4)
982005
PL1254
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - FLOYD OLIVER, THE ELMS,
BHA DESIGN
PAGE 7
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Floyd Oliver, The Elms, c/o BHA Design for a Change of
Zone from A (Agricultural) to a PUD (Planned Unit Development) District on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
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.
3. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
4. Outdoor storage shall be screened from public rights-of-way, and adjacent
properties.
5. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan,
with the following sentence, "The Elms residents should be on notice that the
adjacent dairy is not blocked at its current size and does have right to apply for
expansion." shall be recognized at all times.
6. The applicant shall comply with Section 8.7 of the Weld County Planned Unit
Development Ordinance.
7. The applicant shall obtain water from the Left Hand Water District and sewer
service from the St. Vrain Sanitation District.
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
Environment.
982005
PL1254
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - FLOYD OLIVER, THE ELMS,
BHA DESIGN
PAGE 8
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.
B. The applicant shall submit evidence to the Department of Planning
Services from St. Vrain Valley School District indicating that a school
service agreement has been reached.
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 Department of Planning Services 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 with the following sentence, "The Elms residents
should be on notice that the adjacent dairy is not blocked at its current
size and does have right to apply for expansion."
b) The location of possible future oil and gas drill site locations. (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 ten percent of the area of a parking lot must be landscaped if the
lot contains ten 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 Weld County Roads 5.5
and 26.
f) The presence of an entrance into the PUD on Weld County Road 26.
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.
982005
PL1254
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - FLOYD OLIVER, THE ELMS,
% BHA DESIGN
PAGE 9
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 4,000 square foot lots.
2) Street narratives shall delineate Weld County 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, and 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 of the PUD Ordinance.
B. Final Plan submittal will require an updated traffic analysis.
BE IT FURTHER RESOLVED by the Board that the Department of Planning Services
be, and hereby is, delegated the authority of approving the Final Plat, so long as no significant
changes occur.
982005
PL1254
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - FLOYD OLIVER, THE ELMS,
BHA DESIGN
PAGE 10
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of October, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Li)
Const pce L. Har ert, Char
Weld County Clerk to
yv
eb ter, ro-Tem
Deputy Clerk to the (f
r e EThaxter
A O D AS TO FORM:
Dal K. Hall
County A orney ���
Barbara J. Kirkmeyer
982005
PL1254
Hello