HomeMy WebLinkAbout20121939.tiff AMENDED PUD FINAL PLAT
CASE NUMBER: PUDF12-0001
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 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.
ACRES: 23.63 +/- acres PARCEL#: 0805 19 101012
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses with commentsfrom the following
agencies:
• Weld County Zoning Compliance, referral received 4/20/2010
• Weld County Department of Public Works, referral received 5/4/2012
• Weld County Department of Public Health and Environment, referral received 5/31/2012
Weld County Department of Building Inspection, referral received 5/24/2012
The Department of Planning Services' staff has received responses without comments from the following
agencies:
Weld County Zoning Compliance, referral received 5/8/2012
The Department of Planning Services' staff has not received responses from:
• Weld County Sheriff's Office
• Colorado Parks&Wildlife
• Colorado Department of Transportation (CDOT)
• City of Greeley
• Town of Severance
• Town of Windsor
• Windsor/Severance Fire Protection District
• Weld County RE-4 School District
• Greeley Soil Conservation District
• North Weld County Water District
AMENDED PUD FINAL PLAT
PLANNER: Chris Gathman
CASE NUMBER: PUDF12-0001
APPLICANT: Podtburg Sons Dairy LLC CIO Tim Naylor—AGPROfessionals LLC
SITUS ADDRESS: 12699 COUNTY ROAD 66, Greeley, CO 80631
REQUEST: 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.
ACRES: 23.63 +/- acres PARCEL#: 0805 19 101012
SUMMARY: PF-1089 (Sierra Acres PUD Final Plan) was approved by the Department of Planning
Services on May 5, 2006 for nine (9) Estate Residential lots. The PF-1089 Final Plan was
recorded on July 12, 2006. 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 the Sierra Acres PUD Plan to allow Outlot 3 to become a buildable lot for a single
family residence. Under this request the Department of Planning Services is changing
Outlot#3 to Lot#10.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS APPROVAL OF THIS APPLICATION
FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 27 7-30
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) Section 2Z 2-20.G - A.Policy 7.2. Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the
subject site is in an area that can support such development, andshould attempt
to be compatible with the region.
The existing lot can support a single family residence. There are existing residences
located to the north of the site (Sierra Acres PUD) and an existing single family residence
located to the east of the site.
2) The proposed site is not influenced by any intergovernmental agreentenor a
Regional Urbanization Area.
AmPF-1045 Balmes Page 2
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,
Chapter 27 of the Weld County Code.
Section 27-2-20, Access standards — Outlot 3(proposed Lot 10)is separated 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 resiatnce to be constructed on Outlot 3 of Sierra Acres
PUD.
Sec. 27-2-140. Nonurban scale development. Nonurban scale developments are
developments comprised of nine (9) or fewer residential lots, located in a nonurban area
as defined in Chapter 22 of this Code, not adjacent to other PUDs, subdivisions,
municipal boundaries or urban growth corridors. Sierra Acres is located in a nonurban
area. Sierra Acres currently has nine (9) residential lots. However, Outlot 3,(to become
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.
The applicant has met the remaining performance standards 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 27-7-40.C.3--That the uses which would be permitted will be compatible with the
existing or future development of the surrounding area as permitted bjeciYSg
zoning, and with the future development as projected by Chapter 22 of the Weld County
Code or master plans of affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement. The site is
within the three mile referral area for the City of Greeley, Town of Severance, and Town
of Windsor. No referral response has been received from either of these municipalities.
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 II, Chapter 27 of the Weld County Code.
The proposed residence will be supplied by the North WelcEounty Water District and by
individual septic system. North Weld County Water District has provided an ability to
serve letter for water service for Outlot 3 (proposed Lot 10).
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.
The approved access permit # (AP12.00161) will be required to be shown on the plat for
the access into the site off of County Road 27.
F. Section 27-7-40.C.6 — In the event the street or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and financial
capacity to upgrade the street or highway facilities in conformance with the
Transportation Sections of Chapters 22, 24 and 26, if applicable.
An access was approved for Outlot 3 (proposed Lot 10) under Access Permit # (AP12-
00161).
G. Section 27-7-40.C.7 -- 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.
AmPF-1045 Balmes Page 3
The potential for commercial mineral deposits for Avery 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 27-7-40.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 Amended PUD Final Plan uses are compatible with the criteria listed in the
developmental guide included in the application materials.
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 recommendabn for approval is conditional upon the
following:
1. Prior to Recording the PUD Final Plat:
A. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed
and approved the Restrictive Covenants for Sierra Acres PUD. Any changes requested
by the Weld County Attorney's Office and Planning Department shall be incorporated.
(Department of Planning Services)
B. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page
and $5 for each additional page) to the Department of Planning Services for recording the
Restrictive Covenants for Sierra Acres PUD in the Office of the Clerk and Recorder.
(Department of Planning Services)
C. The applicant shall address the requirements of the Weld RE-4 School District as stated
in their referral response dated May 10, 2012. Evidence of such shall be provided to the
Department of Planning Services. (Weld RE-4 School District)
D. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist
for the original parcel. (Department of Planning Services)
E. The applicant shall make the following changes to the covenants:
Definitions: Outlot—"Outlot 3" shall be changed to"Lot 10".
Section 1.18. (Change "Outlot 3" to"Lot 10").
F. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. 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. Thcefprred format for Images is .tif (Group 4). (Group 6 is not
acceptable). (Department of Planning Services)
G. The Plat shall be amended to include the following:
Sierra Acres Amended PUD - PUDZ12-0002 Page 4
1) All sheets of the plat shall be labeleeUDF 12-0001. (Department of Planning
Services)
2) The Weld County's Right to Farm Statement shall be placed on the plat per
Section 22-2-20 J. A.Goal 10 of the Weld County Code. (Department of Planning
Services)
3) The plat should remove the signature block for the Department of Planning
Services and replace it with the signature block for the Board of County
Commissioners.
4) Sierra Acres Outlot 3 should be renamed to Lot 10. (Department of Planning
Services)
5) Show the residential access point on the Plat and label with the Access Permit
number (AP12-00161). (Department of Public Works)
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes
prior to recording:
A. Sierra Acres PUD shall consist of nine (9) residential lots with E (Estate) Zone uses; one
outlot with agricultural uses that is non buildable for residential structures (Outlet 1) at
17.9 acres; and one Agricultural lot (lot 3) buildable for one (1) single-family residence at
23.9 acres: and 0.3 acres of open space (Sierra Acres PUD). The PUD will besubject to,
and governed by the Conditions of Approval stated hereon and all applicable Weld
County Regulations. (Department of Planning Services). (Department of Planning
Services)
B. The purpose of this amended change of zone is to change Outlot 3 to 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. Ortgricultural and
exempt structures are permitted on Outlot 1. (Department of Planning Services)
D. The drainage easement must remain in place on Lot 1 Wo construction or storage is
allowed within the easement. (Department of Public Works)
E. All landscaping within the site distance triangles must be less than 3.5 feet in height at
maturity. (Department of Public Works)
F. "Weld County's Right to Farm" as provided on this plat shall be recognized at all times.
(Department of Planning Services)
G. Installation of utilities shall comply with Section 24 9-10 and 27-9-40 of the Weld County
Code and the Utility Board conditions. (Department of Planning Services)
H. This subdivision 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)
Water service shall be obtained from North Weld County Water District. (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. 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 Department of Public Health and Environment, a fugitive dust control
plan must be submitted. (Department of Public Health and Environment)
L. 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)
M. If land development creates more than a 25 acre contiguous disturbance, or exceeds 6
months in duration, 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. (Department of Public Health and Environment)
N. 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 Public Health and Environment)
O. Auxiliary Quarters as defined by Weld County Code Section 231-90 will be allowed on all
Estate zoned lots (Lots 1-9). (Department of Planning Services)
P. 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 geoteuhal
engineering report performed by a registered State of Colorado engineer or a open hole
inspection shall be required. (Department of Building Inspection)
Q. 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)
R. 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 County Code. These
requirements shall apply to all temporary and permanent signs. (Department of Planning
Services)
S. 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)
T. 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 DrainaleF§epa
(Ordinance 2011-2)
Sierra Acres Amended PUD - PUDZ12-0002 Page 6
U. A Homeowner's Association shall be established prior to the sale of any lot. Membership
in the Association is mandatory for each parcel owner. The Association is responsible for
liability insurance, taxes and maintenancef open space, streets, private utilities and
other facilities along with the enforcement of covenants. (Department of Planning
Services)
V. The property owner shall allow any mineral owner or lease the right of ingress or egress
for the purposes of exploration, development, completion, -re completion, re entry,
production and maintenance operations associated with existing or future operations on
these lands. (Department of Planning Services)
W. Installation of utilities shall comply with Section 24 9-10 of the Weld County Code.
(Department of Planning Services)
X. 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)
Y. Personnel from Weld County Government 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. (Department of Planning Services)
Z. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning
Services, and adopted Weld County Code and Policies. (Department of Planning
Services)
AA. 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)
AB. 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)
AC. 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)
AD. Section 27-8-80.A of the Weld County Code- Failure to Comply with the PUD Final Plan
- The Board of County Commissioners may serve written notice upon such organization
or upon the owners or residents of the PUD setting forth that the orgazation has failed
to comply with the PUD Final Plan. Said notice shall include a demand that such
deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be
held by the Board within fifteen (15) days of the issuance of such notice, setting forth the
item, date and place of the hearing. The Board may modify the terms of the original
notice as to deficiencies and may give an extension of time within which they shall be
rectified.
AE. The Amended PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code. (Department of Planning Services).
3. Upon completion of 1 and 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
Sierra Acres Amended PUD - PUDZ12-0002 Page 7
as conditions of approval. The Mylar plat shall be recorded in the office of the Weld Comfy Clerk
and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 27 9-20 of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirtUapJ1rom the date the
Administrative Review was signed. The applicant shall be responsible for paying the recording
fee.
4. No residential development activity shall commence on the Lot,1sor shall anwsidential
building permits be issued on the Loll() until the Final Plan has been approved and recorded.
(Department of Planning Services)
5. Section 27-8-60 of the Weld County Code- Failure to Record a Planned Unit Development Final
Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of
the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board
may require the landowner to appear before it and present evidence substantiating that the PUD
Final Plan has not been abandoned and that the applicant possesses the willingness and ability
to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the
Board determines that conditions supporting the original approval of the PUD Final Plan cannot
be met, the Board may, after a public hearing, revoke the PUD Final Plan.
Sierra Acres Amended PUD - PUDZ12-0002 Page 8
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: PUDF12-0001 - 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
May 7, 2012
Tim Naylor
AGPROfessionals, LLC
4350 Highway 66
Longmont, CO 80504
Subject: PUDF12-0001 - 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 parcel(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:
Severance at Phone Number 970-686-1218
Greeley at Phone Number 970-350-9741
Windsor at Phone Number 970-674-2400
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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