HomeMy WebLinkAbout20121928.tiff LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT AMENDED CHANGE OF ZONE
CASE NUMBER: PUDZ12-0002 PLANNER: Chris Gathman
HEARING DATE: July 3, 2012
APPLICANT: Podtburg Sons Dairy LLC C/O Tim Naylor—AGPROfessionals LLC
SITUS ADDRESS: 12699 COUNTY ROAD 66, Greeley, CO 80631
REQUEST: Request to amend the Change of Zone Plat (Sierra Acres PUD PZ-1089) to
allow a single-family residence to be built on Outlot 3 of Sierra Acres PUD.
LEGAL: Outlot 3 of Sierra Acres PUD; located in part of the NE4 of Section 19, T6N,
R66W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 27 and approximately 1,600 feet South of
State Highway 392.
ACRES: 23.63 +/- acres PARCEL#0805 19 101012
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has receivethrrals with comments frorthe following
agencies:
• Weld County Department of Public Health and Environment, referral dated May 24, 2012
• Weld County Department of Public Works, referral dated May 7, 2012
• Weld County Department of Building Inspection, referral dated May 24, 2012
The Department of Planning Services' staff has received referrals withbuomments from the following
agencies:
Weld County Zoning Compliance, referral dated May 1, 2012
The Department of Planning Services' staff has not received responses from:
Colorado Department of Transportation (CDOT)
City of Greeley
Town of Severance
Town of Windsor
Windsor/Severance Fire Protection District
Colorado Parks &Wildlife
RE-4 School District
North Weld County Water District
Sierra Acres Amended PUD PUDZ12-0002 Page 1
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE NUMBER: PUDZ12-0002 PLANNER: Chris Gathman
HEARING DATE: July 3, 2012
APPLICANT: Podtburg Sons Dairy LLC C/O Tim Naylor—AGPROfessionals LLC
SITUS ADDRESS: 12699 COUNTY ROAD 66, Greeley, CO 80631
REQUEST: Request to amend the Change of Zone Plat (Sierra Acres PUD- PZ-1089) to
allow a single-family residence to be built on Outlot 3 of Sierra Acres PUD.
LEGAL: Outlot 3 of Sierra Acres PUD; located in part of the NE4 of Section 19, T6N,
R66W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 27 and approximately 1,600 feet South of
State Highway 392.
ACRES: 23.63 +/- acres PARCEL#0805 19 101012
Summary: PZ-1089 (Sierra Acres PUD change of zone) was approved by the Board of
County Commissioners on December 7, 2005 and PF-1809 (Final Plan for Sierra
Acres) was approved Major nine (9) Estate r esidential lots. Along with the
residential lots, Outlot 3 was approved as an agricultural lot that is non buildable
for residential purposes. The applicant is proposing to amend Sierra Acres PUD
to allow Outlot 3 to become a buildable Agricultural lot for a single family
residence. Because Outlot 3 is changing from an (A) non-buildable agricultural lot
to a lot that is buildable for residential purposes the Department of Planning
Services is requesting that Outlot 3 be renamed to Lot 10 to distinguish it from
the other remaining non-residential Ag outlot (Outlot 1). The applicant is applying
to amend the Sierra Acres PUD Final Plan (under case #PUDZ12 0002) in
conjunction with this application.
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 applicatiorequirements of Section 27 5-30
of the Weld County Code.
2. The submitted materials are in compliance with Section 27 6-120 of the Weld County Code as
follows:
A. Section 27 6-120.8.6.a - The proposal is consistent with any intergovernmental
agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning
Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code. The
Sierra Acres Amended PUD PUDZ12-0002 Page 2
proposed site is nolinfluenced by an Inter -Governmental Agreement. The proposal is
consistent with the aforementioned documents as follows:
1. Section 22-2-20.G -A.Policy 7.3. Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located
inside an Intergovernmental Agreement area, Urban Growth Boundary area,
Regional Urbanization Area or Urban Development Nodes, or where adequate
services are currently available or reasonably obtainable. A municipality's adopted
comprehensive plan should be considered, but should not determine the
appropriateness of such conversion.
Sierra Acres is located in a nonurban area. Sierra Acres currently has nine (9)
residential lots. However, Outlot 3 (proposed Lot 10), though technically a part of
Sierra Acres PUD, is separated from the rest of the PUD by the Greeley No. 2 Ditch
and will have its own separate access onto County Road 27. A paved internal road
system is therefore not required.
B. Section 27 6-120.6.b - 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,
Chapter 27 of the Weld County Code.
Section 27-2-20, Access standards — Outlot 3(proposed Lot 10)is sepaated from the
remaining residential lots in Sierra Acres PUD by the Greeley No. 2 Canal. A separate
access to the lot off of County Road 27 will be required and an access permit approval is
required as a condition of approval.
Section 27-2-40, Bulk requirements — The only change to the existing Sierra Acres PUD
is to allow a one (1) single family residence to be constructed on Outlot 3 of Sierra Acres
PUD.
27-2-190 Urban Scale Development: Urban scale developments are developments
exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions,
municipal boundaries or urban growth corridors and boundaries. All urban scale
developments shall pave the internal road systems of the development. Urban scale
development requires support services such as central water, sewer systems, road
networks, park and recreation facilities and programs, and storm drainage.
Sierra Acres is located in a nonurban area. Sierra Acres currently has nine (9) residential
lots. However, Outlot 3 (proposed Lot 10), though technically a part of Sierra Acres PUD,
is separated from the rest of the PUD by the Greeley No. 2 Ditch and will have its own
separate access onto County Road 27.A paved internal road system is therefore not
required.
The applicant has met the remaining performance standarcb as delineated in Section 27-
2-10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-220 of the Weld County Code.
C. Section 27-6-120.6.c - That 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 Chapter 22 of the Weld County
Code or master plans of affected municipalities. The subject property lies within the three
mile referral area of the City of Greeley, Town of Severance and Town of Windsor. No
referral response has been received from these municipalities.
Sierra Acres Amended PUD PUDZ12-0002 Page 3
D. Section 27-6-120.6.d - That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance
Standards in Article 11 the Weld County Code.The proposed residence will be supplied by
the North Weld County Water District and by individual septic disposal system.
E. Section 27-6-120.6.e - 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 USE of the proposed PUD Zone District. The approved access
permit#will be required to be shown on the platfor the access into the site off of County
Road 27.
F. Section 27 6-120.6.f - An off-site road improvements agreement and an on site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable. No off-site or on-site road improvements will be required.
G. Section 27-6-120.6.g - That 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. Outlot 3 is not located within the
floodplain. The potential for commercial mineral deposits for Sierra Acres PUD was
already reviewed under the original Sierra Acres PUD (PZ-1089).
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011
2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee.
(Ordinance 2011-2)
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses,
and the specific or conceptual development guide.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Amended Change of Zone from thel (Agricultural Zone District(non- buildable for residential
purposes) to A (Agricultural) Zone District (buildable for one (1) single family residende)conditional
upon the following:
1. Prior to recording the Amended Change of Zone plat:
A. The plat shall be amended to include the following:
1. All sheets of the plat shall be lobelia] UDZ12-0002. (Department of Planning
Services)
2. The approved change of zone plat notes. (Department of Planning Services)
3. County Road 27 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. 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 plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Planning Services)
Sierra Acres Amended PUD PUDZ12-0002 Page 4
4. Show the residential access point on the Plat and label with the Access Permit
number (AP12-00161). (Department of Public Works)
5. Weld County's "Right to Farm" as provided in Appendix 22 E of the Weld County
Code shall be placed on any recorded plat. (Department otbklti Health and
Environment)
6. Sierra Acres Outlot 3 should be renamed to Lot 10. (Department of Planning
Services)
2. The Amended Change of Zone is conditional upon the following and that each shall be placed on
the Amended Change of Zone plat as notes prior to recording:
A. The site specific development plan is foal Amended PUD Change of Zone from then,
(Agricultural) Zone District to E (Estate) Zone District for nine (9) residential lots with E
(Estate) Zone uses; one outlot with agricultural um that is non-buildable for residential
structures (Outlet 1) at 17.9 acres; and one Agricultural lot (lot 10) buildable for one (1)
single-family residence at 23.9 acres: and 0.3 acres 6 open space (Sierra Acres PUD).
The PUD will be subject to, and governed by the Conditions of Approval stated hereon
and all applicable Weld County Regulations. (Department of Planning Services)
B. The purpose of this amended change of zone is to change Outlot 3to Lot 10. Lot 10 shall
be changed from an agricultural outlot that is non-buildable for residential purposes to an
agricultural outlot that is buildable for residential purposes allowed under Section 23-3-20
- (A) Agricultural Zone District - Uses Allowed by Right of the Weld County Code.
(Department of Planning Services)
C. Agricultural Outlot 1 is non buildable for residential structures. Only agricultural and
exempt structures are permitted on Outlot 1. (Department of Planning Services)
D. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
E. This PUD is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water
Quality Control Division and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system. (Department of Public
Health and Environment)
F. 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 Health Department, a fugitive dust control plan must
be submitted. (Department of Public Health and Environment)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order
to minimize dust emissions. (Department of Public Health and Environment)
H. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration, the responsible party shall prepare a fujtive dust control plan, submit
an air pollution emissions notice, and apply for a permit from the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
Sierra Acres Amended PUD PUDZ12-0002 Page 5
J. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
K. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e.
auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the designated
absorption field site. (Department of Public Health and Environment)
L. There are confined Animal Feeding Operations in close proximity to this development.
Residents should be aware that there may be flies and odors associated with these
activities. (Department of Planning Services)
M. Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County Code, shall be
allowed on Lots 1-9 subject to the Auxiliary Quarters requirements, with the exception of
the minimum lot size requirement. (Department of Planning Services)
N. A building permit will be required for any new construction, alteration, or addition to any
building on the property. A building permit application must be completed and two
complete sets of plans including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. A geotechnical
engineering report performed by a registered State of Colorado engineer or a open hole
inspection shall be required. (Department of Building Inspection)
O. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following has been adopted by Weld
County: 2006 International Residential Building Code; 2006 International Energy Code;
2006 International 2011 National Electrical 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. (Department of Building Inspection)
P. All signs including entrance signs shall require building permits. Signs shall adhere to
Article 4 Division 2 and Appendix 23 C through 23 E of the Weld Canty Code. These
requirements shall apply to all temporary and permanent signs. (Department of Planning
Services)
Q. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-
2)
R. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee.
(Ordinance 2011-2)
S. Installation of utilities shall comply with Section 24 9-10 of the Weld County Code.
(Department of Planning Services)
T. Prior to all new construction a letter of approval from the Windsor/Severance Fire
Protection District shall be submitted to the Department of Building Inspection.
Sierra Acres Amended PUD PUDZ12-0002 Page 6
(Department of Building Inspection)
U. Building height shall be measured in accordance with the applicable Building Code for
the purpose of determining the maximum building size and height for various uses and
types of construction arh 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 in order to determine compliance with offset
and setback requirements. Off-set and setback requirements are measured to the
farthest projection from the building. (Department of Building Inspection)
V. The property owner shall be responsible for complying with the Performance Standards
of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of
Planning Services)
W. 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 and Development Standards stated herein and all
applicable Weld County regulations. (Department of Planning Services)
X. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, Planning Services,
and State and Federal agencies and the Weld County Code. (Department of Planning
Services)
Y. Property shall be maintained in such a manner that grasses and weeds are not permitted
to grow taller than twelve (12) inches. In no event shall the property owners allow the
growth of noxious weeds. (Department of Planning Services)
Z. No residential development activity shall commence on the Lqt rltt shall any
residential building permits be issued on the Lot 10 until the Final Plan has been
approved and recorded. (Department of Planning Services)
AA. The Amended PUD Change of Zone shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code. (Department of Planning Services)
3. Upon completion of 1 2 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 2-3 2-260.D of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within one hundred twenty (129 days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2006 7 approved June 1, 2006, should the plat
not be recorded within the required one hundred twenty (120) days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period. (Department of Planning Services)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
Sierra Acres Amended PUD PUDZ12-0002 Page 7
H N DEPARTMENT OF PLANNING SERVICES
$6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
p - i FAX: (970)304-6498
r
June 13, 2012
Tim Naylor
4350 Highway 66
Longmont, CO 80504
Subject: PUDZ12-0002 - Request to amend the Final Plat of Sierra Acres Planned Unit Development
(PF-1089)to allow a single-family residence to be built on Outlot 3.
On parcel(s) of land described as:
OUTLOT 3 SIERRA ACRES PUD; BEING PART OF SECTION 19, T6N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 3, 2012, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 25, 2012 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing 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 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 a second sign posted 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 Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
h N DEPARTMENT OF PLANNING SERVICES
i i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
r WEBSITE:www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
! PHONE: (970)353-6100, Ext. 3537
' FAX: (970)304-6498
April 30, 2012
Tim Naylor
AGPROfessionals, LLC
4350 Highway 66
Longmont, CO 80504
Subject: PUDZ12-0002 - Request to amend the Final Plat (Sierra Acres PUD - PF-1089) to allow a
single-family residence to be built on Outlot 3 of Sierra Acres PUD.
On oarcel(s) of land described as:
SAP OUTLOT 3 SIERRA ACRES PUD; PART OF SECTION 19, T6N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
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 following Planning Commission(s)for their review and comments:
Greeley at Phone Number 970-350-9741
Windsor at Phone Number 970-674-2400
Severance at Phone Number 970-686-1218
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting 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.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
FIELD CHECK inspection dates: 6/1/2012
APPLICANT: Podtburg Sons Dairy LLC 0/O Tim Naylor—AGPROfessionals LLC
CASE #: PUDZ12-0002 & PUDF12-0001
REQUEST: Request to amend the Change of Zone Plat(Sierra Acres PUD PZ-1089)to allow a single-
family residence to be built on Outlot 3 of Sierra Acres PUD & Request to amend the Final
Plat(Sierra Acres PUD -PF-1089)to allow a single family residence to be built on Outlot 3 of
Sierra Acres PUD.
LEGAL: Outlot 3 of Sierra Acres PUD; located in part of the NE4 of Section 19, T6N, R66W of the
6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to County Road 27 and approximately 1,600 feet South of State
Highway 392.
PARCEL ID #: 0805 19 101012
ACRES: +/- 23.63 acres
Zoning Land Use
N A N Existing PUD
E A E Agland/ (SF residence to SE)
S A S Dairy
W A W Agland
COMMENTS:
Existing vacant parcel.
Chris Gathman - Planner Ill
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