HomeMy WebLinkAbout20081195.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
• FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED
Parcel Number 0 8 0 3 - 1 0 0 - 0 1 - 0 0 6
(12 digit number-found on Tax I.D. Information,obtainable at the Weld Couty Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area. If additional space is required,attach an additional sheet.)
Legal Description: Pt. of Outlot A of Avery Acres PUD Section: 10 Township: 6 N Range: 65 West
Property Address (If Applicable): N/A
Existing Zone District: PUD Proposed Zone District: A Total Acreage: 158.06 Proposed#/Lots: 1
Average Lot Size: 158.06 Minimum Lot Size: 158.06 Proposed Subdivision Name: N/A
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OWNER(S) OF PROPERTY: (If additional space is required, attach an additional sheet)
Name: George Bollinger
Work Phone# Home Phone# Email Address
Address:
City/State/Zip Code:
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications sigened by Authorized Agent)
• Name: Scott Realty Co.
Work Phone# (970) 352-1212 Home Phone# Email Address
Address: 1212 8th Avenue
City/State/Zip Code: Greeley, Colorado 80631
UTILITIES: Water: NWCWD
Sewer: septic
Gas: propane
Electric: Xcel Energy
Phone: Owest and misc.
DISTRICTS: School: Eaton School District RE-2
Fire: Eaton Fire Protection District
Post: Eaton 80615
I(We) depose and state under penalties of perjury that all statements,proposals and/or plans submitted with or
contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee
owners of property must sign this appliation. If an Authorized Agent signs, a letter of authorization from all fee
owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included indicating the signatory has to be legal authority to sign for the corporation. I(We), the undersigned,
hereby request hearings before the Weld County Planning Commission and the Weld County Board of County
Commissioners concerning the proposed Change of Zone for the above described unincorporated area of Weld
County, Colorado:
•
<• 47/67 EXHIBIT
Signature: Owner or Au torize Agent Date Signature: Owner or Autho
2008-1195
•
December 18, 2006
Department of Planning Services
1400 North 17th Street
Greeley, CO 80631
RE: Avery Acres P.U.D. Z-516
Gentlemen:
I hereby authorize Scott Realty Co., 1212 8th Avenue, Greeley, Colorado, to represent my
interest or to act on our behalf to make application for resubdivision for redesign, addition,
• vacation or final plat, in order to accomplish the vacation of that portion of Outlot A Avery
Acres lying south of Outlot B and Lot 5 of said subdivision. I also desire to establish an
allowable building envelope, set aside the open space and address all aspects to make final
the subdivision. I further authorize Scott Realty Co. to make the necessary application and
make change of zone back to Agricultural in accordance with chapter 23-2-50 of the Weld
County Code for that portion of Avery Acres P.U.D. being vacated.
Sincerely,
Geor ollinger
•
• •
• Outlot A Avery Acres P.U.D C.O.Z
This application is being submitted in conjunction with an application proposing a 2°d
amendment to Avery Acres P.U. D. In this process 158.06 acres currently zoned P.U.D.
A. were requested to be vacated from the P.U.D. It is the desire of the owner to change
the zoning of this vacated parcel back to Agricultural. The property will be subject to the
uses and restrictions allowed in the Ag zoned District of Weld County.
Whereas the proposed changes for this parcel of land are minor and the zoning change is
a lower impact use(Agricultural) as opposed to a change from Ag to a higher impact,
many of the requirements for this application are not applicable. Therefore, we request
that those requirements which are not applicable be waived including addressing the 8
major components of the development guide. Those requirements which are applicable
shall be a part of the application.
The property does not adjoin a state highway and no irrigation companies are affected by
the proposed change. There are no changes affecting the dedicated right of ways. A
proposed subdivision improvement agreement is not applicable. The applicant shall meet
all requirements required by the Weld County Department of Public Works for drainage
and roads for ingress and egress.
• Outlot A of Avery Acres P.U.D. is 189.53 acres more or less that consists of one parcels
of land separated into two portions being, approximately 31.47 acres located north and
west of Outlot B and the five developed lots of Avery Acres P.U.D., and 158.06 acres
located to the south and east of Outlot B. Outlot A is currently utilized for agricultural
crop production. Outlot B which consists of 2.5 acres more or less is a 60 foot wide
access and utility easement for the benefit of the five improved lots associated with the
P.U.D., all agricultural, oil & gas and access requirements associated with a portion of
Outlot A. Outlot B provides access for ingress and egress onto WCR 43, between WCR
70 and 72 for the five developed lots and a portion of Outlot A.
George Bollinger is the owner of the property described as Outlot A of Avery Acres
P.U.D. and desires to amend Outlot A to be the 24.34 acre portion lying north and west of
Outlot B. Mr. Bollinger also desires to change that portion of Outlot A which is 7.13
acres which lies north and east of Outlot B and north the developed lots to one single
family residential parcel described as Outlot C. It is Mr. Bollinger's desire to have the
remainder of Outlot A lying south of the developed lots and Lot B are desired to be
vacated from the P.U.D. and changed back to agricultural zoning.
The proposed Lot C will be utilized as a single family residential building site. The 24.34
acre Amended Outlot A parcel will be utilized for agricultural crop production of which 7
acres more or less will satisfy the 15% open space requirement of the P.U.D., if
necessary, and will be restricted to not allow further residential development. The 158.06
• acre parcel vacated from Outlot A will be utilized for agricultural crop production and
those uses allowed in the (A) Agricultural zoned district of Weld County.
• A private road extending from the northwesterly portion of Outlot B to the southwesterly
portion of proposed Outlot C will provide access to Outlot C. This road will be 30 feet in
width, of gravel surface, and will be constructed to meet all construction and drainage
standards as set forth by the Weld County Public Works Department. The road will serve
as an extension from Outlot B and will provide access to Outlot C and continue to serve
the agriculture and oil & gas needs for Amended Outlot A. The road will be constructed
to allow for access and operations of production and service rigs and tanks to provide
work and service to the existing petroleum well site. The road as proposed does not
interfere with any of the oilfield equipment used on the site nor does the oilfield
equipment interfere with the use of the road. (See attached agreement between George
Bollinger and Petroleum Development Corporation.) The access road will be constructed
and maintained by the owner of Outlot C.
During the preliminary planning process the applicant explored expanding the
subdivision by four additional building sites. This development was determined to be
non-feasible at this time and an amendment to add four lots is no longer being
considered. Avery Acres P.U.D. and Amended Avery Acres P.U.D. as currently platted
is a minor subdivision consisting of five residential sites varying in size from
approximately 3 to 3.5 acres. All sites are improved with residential dwellings and are
owner-occupied.
• Outlot C will create one additional residential unit and shall be subject to the "Allocation
of Interests" in accordance with section 7 of Article II of Declaration of Covenants and
Restrictions for Avery Acres P.U.D. (a common interest community) as recorded July 20,
2000 as Reception No.2781693 and be subject to the provisions therein.
The only changes regarding water usage is the addition of one residential tap.`
Infrastructure is available on site to provide domestic service to the property and the cost
of that service will be the individual responsibility of the owner of amended Outlot C.
See N.W.C.W.D. letter of consent.
When a residential building permit is issued for Outlot C the applicant must satisfy all
requirements to install an I.S.D.S. for sewage disposal. Three existing irrigation water
wells have been re-drilled in the northwest corner of proposed amended Outlot A. The
irrigation water has historically been put to beneficial use on the lands located in the
proposed Outlot A and lands proposed to be vacated. An easement and right of way is
designated on the plat map for use, maintenance, repair and replacement of the wells, a
pumping plant and pipeline that exists along the northerly and easterly boundary of the
property. The same easement and right of way exists across and through the easterly 25
feet of all 5 developed lots.
The proposed changes are minor and the largest portion of the P.U.D. is being vacated
and zoned to a lower impact use (Agricultural), therefore we request a Geological Survey
• and any costs associated with that be waived.
• •
• The property does not adjoin a state highway and no irrigation companies are affected by
the proposed change. Other than the "Allocation of Interests"there are no changes
affecting the dedicated right of ways. A proposed subdivision improvement agreement is
not applicable. All work affecting drainage will meet or exceed those required by the
Public Works Department of Weld County, Colorado.
•
•
• • Page 1 of 1
Chris Gathman
• From: TopMojo@aol.com
Sent: Friday, February 01, 2008 3:09 PM
To: Chris Gathman
Cc: REValue4U@aol.com
Subject: Changes to Case AMPZ-516 Bollinger
Attachments: AVERY AMEND PUD 2 lot.pdf
February 8, 2008
Department of Planning Services
918 10th Street
Greeley, CO 80631
Attn.: Chris Gathman
RE: Case AMPZ- 512 or 516 Bollinger
Dear Mr. Gathman:
Attached is a .pdf file demonstrating the changes to the above application as shown on the plat. These changes
should meet the requirements as stated by the Dept. of Planning and Public Works. Please note they include a
change from one to two lots consisting of 3.35 acres m/l, a 30 ft. r-o-w through the westerly boundary of the lots
connecting Avery Drive to a 30 ft r-o-w which is to be dedicated to Weld County along the north property line.
This r-o-w is for a road that will allow ingress and egress for Avery acres at the northwest corner of the
property. Turning radius and signage as required have been noted. Please advise if there are any concerns.
Sincerely,
Scott Realty Co.
By Patrick L. McNear Agent
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•
02/06/2008
. • •
. AGREEMENT REGARDING DEVELOPMENT of OUTLOT C of the 2N°
AMENDED AVERY ACRES PLANNED UNIT DEVELOPMENT and
CONSTRUCTION OF MEANS OF INGRESS/EGRESS TO SAID OUTLOT
This Agreement Regarding the Development of Outlot C of the 2n°Amended
Avery Acres Planned Unit Development and the Construction of a Means of Ingress and
Egress to Said Outlot (the "Agreement") is made this 2/'r day of September, 2007, by
and between George Bollinger, whose address is 209 Canyon Point Circle, Golden,
Colorado and Petroleum Development Corporation, whose address is 3801 Carson
Avenue, Eaton, Colorado 80620.
George Bollinger, as owner of Outlot A of Avery Acres Planned Urban Development
("AAPUD"), shall amend said outlot so as to re-apportion and re-define Outlot A as the
24.33 acre portion lying north and west of Outlot B of AAPUD (hereinafter "Amended
Outlot A") and to change that portion of Outlot A which is the 7.13 acres lying north and
east of Outlot B and north of the developed lots to one single family residential parcel
described as Outlot C of AAUPD.
A private road extending, from the northwesterly portion of Outlot B to the southwesterly
portion of Outlot C, will provide access to Outlot C (hereinafter "the Private Road"). The
Private Road will be 30 feet in width, of gravel surface, and will be constructed to meet
• all construction and drainage standards as set forth by the Weld County Public Works
Department. The Private Road will serve as an extension from Outlot B and will provide
access to Outlot C and continue to serve the agriculture and oil & gas needs for the 24.33
acre Amended Outlot A. The Private Road will be constructed to allow for access and
operations of production and service rigs and tanks to provide work and service to the
existing petroleum well site. The Private Road shall be constructed and maintained by
George Bollinger, his heirs and assigns, as owners of Outlot C.
The 24.34 acre Amended Outlot A parcel will be utilized for agricultural crop production,
of which 7 acres (more or less) will satisfy the 15% open space requirement of AAPUD
and will be restricted from further residential development.
The remaining 158.06 acre portion of Outlot A lying south of the developed lots and
Outlot B shall be vacated from AAPUD and rezoned so as to qualify for Agricultural uses
(hereinafter"the Vacated Portion of Outlot A"). Exhibit A, attached hereto and entitled
"2""Amended Avery Acres PUD Final Plat S-496," illustrates the proposed alterations to
AAPUD.
Petroleum Development Corporation, as the operator of oil & gas facilities upon and
beneath Amended Outlot A hereby acknowledges that the Private Road, as proposed, will
not interfere with any of the oil field equipment or operations upon or beneath Amended
Outlot A. Petroleum Development Corporation also consents to the construction of the
• Private Road and agrees to hold George Bollinger, his heirs and assigns harmless for any
temporary work stoppages or delays affecting the transport of materials, equipment, oil
• •
• and gas (and derivative products or resources) resulting from the construction and future
maintenance of the Private Road. Petroleum Development Corporation further consents
to and holds George Bollinger, his heirs and assigns harmless for the reapportionment of
Outlot A as described above, the division and designation of Outlot C and the proposed
rezoning of the vacated portion of Outlot A.
IN WITNESS WHEREOF, the parties have hereunder set their hands and seals as
of the day and year first above written.
yam,—07
Geor ollinger Date
81710
or Petroleum !e aopmen +.ration Date
A-rr0iwt —z., - ca--
STATE OF COLORADO
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COUNTY OF Phil/Eft
SUBSCRIBED and SWORN to and acknowledged before me by
We so n) As A rib QA.)£„ �N 4-a-chi'- r=-2 Vf ou Vnn I vfc0P r L�jzpoGtM-51Y
GRANTEE, on this )I b day of St p J, d , 2007.
Witness my hand and official seal.
My commission -
L-1/ r )?ica Notary Public
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•
•
My Common Exam Jule 5,2004
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IalecOcr1/4-C
• Page 5 - Conceptual Development Guide: "Avery Acres" PUD IL/lip/119
5. Common Open Space Usage:
1. There will not be any designated open space within the PUD. We understand that in
non-urban scale developments with a minimum 80-acre agricultural outlot, the preservation of
the agricultural outlot can be considered to meet the intent of the common open space
requirement.
We respectfully request that the remaining agricultural outlot be accepted as the open space in
this requirement. It provides a significant border between the residential PUD and any county
roads as well as ensuring that the open feel which these lots will have is maintained forever.
2. Not applicable in this small PUD.
3. Not applicable in this small PUD.
6. Signage:
1. The only sign which will be erected in conjunction with this low density PUD is a street sign
on Weld County Road 72. All necessary regulations will be complied with.
2. Signage on all residential lots is prohibited except for name, lot number signs at the end of
each driveway -these will comply with Weld County regulations and the covenants within the
small PUD.
7. MUD Impact:
This low-density residential PUD allows for a high quality development ensuring that all land is
put to its best, and highest, use. We are not sure if the parcel is in the MUD but if so then this
small development must meet the MUD intent and requirements.
8. Intergovernmental Agreement Impacts:
This small residential PUD is not subject to an IGA.
•
Report Date: 10/15/2007 12:36PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R8789000
ASSESSED TO:
BOLLINGER GEORGE
219 CANYON POINT CIR
GOLDEN, CO 80403
LEGAL DESCRIPTION:
AA OUTLOT A AVERY ACRES PUD (5.09R2D) SITUS: 0
PARCEL: 080310001006 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2006 TAX 1,188.98 35.67 0.00 1,224.65 0.00
TOTAL TAXES 1
GRAND TOTAL DUE GOOD THROUGH 10/15/2007 0.00
ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 0220-
Authority Mill Levy Amount Values Actual ssed
WELD COUNTY 16.804* 346.16 AGRICULTURAL 70,377 20,410
SCHOOL DIST RE2 25.408 523.41 AGRICULTURAL 663 190
NCW WATER 1.000 20.60
NWC WATER 0.000 0.00 TOTAL 71,040 20,600
GALETON FIRE 4.500* 92.70
AIMS JUNIOR COL 6.330 130.40
WELD LIBRARY 3.261 67.18
WEST GREELEY CONSERVATION 0.414 8.53
TAXES FOR 2006 57.717* 1,188.98
* Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
EAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
WELD COUNTY TREASURER ,
J
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s)
of Taxes Due,issued by the Weld County Treasurer, are evidence that,as of this date,
all property taxes, special assessments and prior tax liens currently due and payable
• connected with the parcel(s) identified therein have been paid in full.
Sig e3_ Date /V/k..57;, 7
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