HomeMy WebLinkAbout20081933.tiff • (-it
PUD FINAL PLAT
WIWDeADMINISTRATIVE REVIEW
COLORADO
Seri' . 9 , Zoo(,
CASE#: PF-1043
PLANNER: Brad Mueller
APPLICANT: Sherry Lawley
ADDRESS: do Jeff Couch, TEAM Engineering, 3468 Shallow Pond Drive, Fort Collins, CO 80528.
REQUEST: Planned Unit Development Final Plan for seven (7) lots with E (Estate) Zone uses and
one (1) lot with A(Agricultural)Zone uses. (Lawley Estates)
LEGAL
DESCRIPTION: Lot B RE-3581 being part of the SE4 Section 4, T6N, R64W of the 6th P.M., Weld
County, Colorado
• LOCATION: North of and adjacent to County Road 72 and west of and adjacent to County Road 55
ACRES: 114.29 +/- PARCEL NUMBER: 0801 04 000004
THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES 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
the Weld County Code .
1) Section 27-2-140-- The application proposes non-urban scale development as defined
by Section 27-2-140 of the Weld County Code. Section 27-2-140 defines non-urban
scale development as "...developments comprising of nine (9) or fewer residential lots,
located in a non-urban area as defined in Chapter 22 of the Weld County Code, not
adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors."
2) Section 22-3-50.8.1, P.Goal 2 -- Require adequate facilities and services to assure the
health, safety and general welfare of the present and future residents of the County.
The homes will be serviced by North Weld County Water District and individual septic
disposal systems. The Weld County Department of Public Health and Environment
previously indicated at the Change of Zone phase that the proposal does meet current
• Health Department policy and the application has satisfied Chapter 27 of the Weld
County Code in regard to water and sewer.
Sherry Lawley Final Plat(Lawley Estates PUD)—PF-1043 Page 1 2008-1933
• 3) The proposed site is not influenced by any intergovernmental agreements or the Mixed
Use Development area.
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. The applicant has met the thirty performance
standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk
requirements, circulation, etcetera. The applicant has submitted Improvements Agreements
for on-site and off-site improvements, which are acceptable to the Weld County Department
of Public Works, conditional upon addressing the changes requested in their memo of July
24, 2006. Additional conditions of approval require the applicant to amend the Agreement to
include the development sign, pedestrian shelter, postal boxes, landscaping and fencing.
The Improvements Agreement will be required to be approved and accepted by the Board of
County Commissioners prior to recording the final plat.
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 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 proposed site is not influenced by an Inter-
Governmental Agreement and no jurisdictions lie within the three-mile referral area. There
are no other rural subdivisions existing or proposed nearby; the closest is over a mile away,
and the region has very few. The proposed design, including placement of the lots away
from the road and responding to the presence of the ditch, ensures compatibility with the
area.
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 homes will be serviced by
North Weld County Water District and individual septic. The Weld County Department of
Public Health and Environment previously indicated at the Change of Zone phase that the
proposal does meet current Health Department policy and the application has satisfied
Chapter 27 of the Weld County Code in regard to water and sewer.
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. In a referral dated November
1, 2004, the Weld County Department of Public Works indicated that this development will
introduce 76 additional vehicle trips to the roadway system. This increased level of traffic on
unpaved roads creates fugitive dust and surface maintenance problems. The Department of
Public Works has required the applicant to enter into an agreement with the County to
proportionately share the cost of paving. The cost will be based on a proportion of the traffic
generated by the development to existing (background) traffic on County Road 55 between
State Highway 392 and County Road 74, which connects to paved roadways.
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. The Conditions of Approval ensure that the applicant
will complete an on-site (Private) Improvements Agreement that addresses all improvements
associated with this development, per compliance with Section 24-9-10 of the Weld County
Code prior to recording the final plat.
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. Conditions of Approval and
Sherry Lawley Final Plat(Lawley Estates PUD)— PF-1043 Page 2
• Development Standards ensure that soil conditions shall be considered when placing
structures or Individual Sewage Disposal Systems. The site is not located within an overlay
district. Furthermore, no viable commercial mineral deposits are located within the site, as
stated by the Colorado Geologic Survey.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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
proposed PUD Final Plan uses are compatible with the criteria listed in the developmental
guide. The proposed design, including placement of the lots away from the road and
responding to the presence of the ditch, ensures compatibility with the area.
The Department of Planning Services'approval is conditional upon the following:
1. Prior to Recording the PUD Final Plat:
A. The applicant shall submit evidence of a ditch agreement with the Nazarenus Ditch Company
covering drainage, fencing type, maintenance of the strip of ditch right-of-way, and access for
the ditch and maintenance of that area. If an agreement is not reached, the Board of County O
Commissioners shall review the Final Plat for acceptance. Concerns of the Nazarenus Ditch
Company are noted in their letter of July 24, 2006. (Department of Planning Services)
• B. The applicant shall amend the Improvements Agreement According to Policy Regarding
Collateral for Improvements to include the development sign, pedestrian shelter, postal
boxes, landscaping and fencing. Provide bids for landscaping estimates. A revised NEC.
Improvements Agreement for Public Road Maintenance shall be submitted, reflecting the cm,Y
changes indicated by the Department of Public Work in their referral dated July 24, 2006. �t 4. Pp
This agreement shall be reviewed by County Staff and accepted by the Board of County
Commissioners. (Department of Public Works)
C. The Restrictive Covenants shall be amended as follows: O
►i'6e r7
1) Weld County will not maintain drainage facilities, retention pond, landscaping or open RFwfer
spaces. It shall be clarified in the covenants what the Common Elements are and that
the HOA is responsible for maintenance of these common elements. (Department of
Public Works) O
too St-C
2) Within the legal description (Exhibit A), the covenants shall reference the final plat twee.re
name along with a space to include the recording information of the final pia). cwEGrGts1
(Department of Planning Services)
3) Section 2.4 shall be revised to reflect eight (8) lots within the development, not 35.
(Departments of Public Heath and Planning Services) ✓
D. The applicant shall submit to the Department of Planning Services the appropriate fee ($6 for 0
the first page and $5 for all others)for recording the Restrictive Covenants in the Office of the
Clerk and Recorder. (Department of Planning Services)
• E. The applicant shall clarify where a development sign is proposed for the site. (Department of to
Planning Services)
Sherry Lawley Final Plat(Lawley Estates PUD)—PF-1043 Page 3
F. The applicant shall submit written evidence to the Department of Planning Services indicating O
• that all Weld County Department of Public Works concerns have been addressed, including low
those concerning the construction drawings and the drainage report. (Department of Public
Works)
G. The applicant shall submit evidence to the Department of Planning Services that the required
School District cash-in-lieu of land dedication fee has been paid. (Department of Planning
Services)
H. The applicant shall submit Certificates from the Secretary of State showing the Homeowners Le
Association has been formed and registered with the State. (Department of Planning
Services)
I. The applicant shall submit a copy of a finalized Water Service Agreement between the O
applicant and North Weld County Water District for service to the PUD. (Department of
Planning Services)
J. The applicant shall submit evidence that the mineral rights purchased from Andarko have O
been deeded to the Homeowners Association. (Department of Planning Services)
K. The applicant shall submit evidence that the appropriate postal district and emergency !�
providers have reviewed the proposed addressing and interior street name. (Department of
Planning Services)
L. 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. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
(Department of Planning Services)
M. The applicant shall submit documentation addressing how they shall adhere to federal o
requirements regarding Burrowing Owls, as indicated by the Division of Wildlife in their
referral dated July 24, 2006.
N. The Plat shall be amended to include the following:
1) The title on the plat shall be shown as Lawley Estates PUD PF-1043. (Department of
Planning Services)
2) Landscaping and utility plans shall be added to the plat, as required by Sections 27-9- di�
30 and 27-9-40. (Department of Planning Services)
3) A Utility Service Statement Block as required by Section 27-9-40.B of the Weld County
Code shall be included. The Block shall be signed by the utility providers, North Weld
County Water District, Xcel Energy, Poudre Valley REA and Qwest. (Department of
Planning Services)
4) The Planning Commission and Board of County Commissioners Certificates shall be
removed from the plat and the Planning Department and Dedication, Ownership, and
Maintenance Certificates added. The Property Owner's and Surveyor's Certificates
shall be corrected to conform to those found in Appendix of the Weld County
Code, as required by Section 27-9-20.M. (Department of Plan g Services)
—P
5) As required by the Weld County Utilities Advisory Committee, the plat shall delineate a
• twenty (20) foot utility easement along all sides of Lots 4 and the ditch easement within r/
Lot 4 The fifteen (15) feet easement shown at the south property lines of Lots 1 and 8
shall be extended through Tract A. (Utility Advisory Committee)
Sherry Lawley Final Plat(Lawley Estates PUD)—PF-1043 Page 4
• 6) 'Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code 93
shall be delineated on the plat. (Department of Planning Services)
7) Any proposed developmenj,. n shall be located outside of utility easements and shall O
meet the required ten (10) foot setback from road rights-of-way. A plan detail of the go VW
proposed sign shall be included on the final plat. (Department of Planning Services)
8) The proposed pedestrian shelter shall be located outside of utility easements and shall a
meet the required twenty (20) foot setback from road rights-of-way. (Department of ,
joretr,M1
Planning Services)
9) Off-site Lot A of RE-3581 shall be labeled "not a part." (Department of Planning
Services)
10) The Zoning Data indicated on Sheet 2 shall be corrected showing only"Existing Zoning 6/
—PUD." (Department of Planning Services)
11) Lawley Lane will not be maintained by Weld County because it will not be paved;
however, the right-of-way must be dedicated to the public. Dedication of rights-of-way Nees,
easement language shall be contained in the plat certificates. (Department of
Public Works) LANGUA
12) Tract A is not dimensioned and does not match the geometry of the construction plans. J
The final plat and construction plans shall be coordinated and Tract A dimensioned. NE
Ns
(Department of Public Works) mot-
13) The oil/gas well easements shall be located by dimension from the property boundary.
• (Department of Public Works)
14) There are 120-foot and 170-foot easements shown for the Nazarenus Lateral. If 1
created by a separate agreement, the documentation creating the easements shall be S�
shown on the record plat. If they are to be established by the recording of this plat,
dedication language shall be contained in the plat certificates. (Department of Public
Works)
15) A School Loading Area (Pedestrian Shelter) is called for in the construction plans and
shown in the right-of-way. The shelter shall be located outside the right-of-way on an SO
out lot tract, and setback/offset allowances shall be called out. The tract shall be GAL-4— 0'
shown and dimensi enod on the final recorded plat. (Department of Public Works)
16) Additional drainage easements shall be provided on WCR 72 and Lawley Lane in O
conjunction with ditches shown in the construction plans. (Department of Public Works) rt./
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes
prior to recording:
A. The Planned Unit Development shall consist of seven (7) lots with E (Estate) Zone uses and
one (1) lot with A (Agricultural) Zone uses as indicated in the application materials on file in
the Department of Planning Services. 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. All landscaping within the site distance triangles must be less than 31/2 feet in height at
maturity. (Department of Planning Services)
•
Sherry Lawley Final Plat(Lawley Estates PUD)—PF-1043 Page 5
• C. A Home Owner'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 maintenance of open space, streets, private utilities and other
facilities. Open space restrictions are permanent. (Department of Planning Services)
D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
E. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
F. This subdivision 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. Septic systems shall be designed for site specific conditions including, but not
limited to, shallow groundwater, bedrock, gravel and/or clay. (Department of Public Health
and Environment)
G. 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)
H. 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)
I. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than five (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)
J. 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)
K. If Burrowing Owls, a Federally protected species, are confirmed to be present on the site,
grading and construction activity should take place between November 1 and March 14, or
monitored as indicated by the Division of Wildlife in correspondence and an attachment dated
July 24, 2006. (Division of Wildlife)
L. A separate building permit shall be obtained prior to the construction of any
building.(Department of Building Inspection)
M. A plan review is required for each building. Plans may be required to bear the wet stamp of a
Colorado registered engineer or architect. Two complete sets of plans are required when
applying for each permit. (Department of Building Inspection)
• N. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 2003 International Residential
Code; 2003 International Building Code; 2003 International Mechanical Code; 2003
Sherry Lawley Final Plat(Lawley Estates PUD)—PF-1043 Page 6
• International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
O. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
P. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection)
Q. Building height shall be measured in accordance with the applicable Building Code (currently
the 2003 International Building Code) for the purpose of determining the maximum building
size and height for various uses and types of construction and 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. Offset and setback requirements are
measured to the farthest projection from the building. Property lines shall be clearly identified
and all property pins shall be staked prior to the first site inspection. (Department of Building
Inspection)
R. The developer shall provide a letter of approval from the Galeton Fire Protection District prior
to new residential construction. (Department of Building Inspection)
S. Coal beds in the Laramie Formation could de-gas over time if they are penetrated and
exposed by a house foundation. Venting systems shall be built into all of the foundations to
• account for all potential radiation and coal-gas exposures or an engineer will be required to
monitor foundation excavations. If coal is not encountered, venting may not be needed.
Should the homeowner not build a venting system, a letter from a professional engineer shall
be submitted to the Department of Building Inspection indicating that coal was not
encountered and the venting is not necessary. (Colorado Geological Survey)
T. All signs including entrance signs shall require building permits. Signs shall adhere to Section
23-4-60 and following of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services)
U. The Weld County Sheriff's Office has limited traffic enforcement powers on subdivision
roadways which are not adopted or maintained by the County. (Weld County Sheriff's Office)
V. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
W. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of
Planning Services)
X. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
Y. Potential Purchasers are hereby notified that numerous confined animal feeding operations
are located in the area. Off-site impacts that may be encountered include noise from trucks,
• tractors and equipment; dust from animal pens and odors from animal confinement, silage,
and manure. (Department of Planning Services)
Sherry Lawley Final Plat(Lawley Estates PUD)—PF-1043 Page 7
• Z. No development activity shall commence on the property, nor shall any building permits be
issued on the property until the final plan has been approved and recorded. (Department of
Planning Services)
AA. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
BB. Weld County personnel 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)
CC. 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)
. Section 27-8-50 of the Weld County Code - Failure to Submit a Planned Unit Development
Final Plan -- If a PUD final plan application is not submitted within three (3) years of the date
of the approval of the PUD Zone District, the Board of County Commissioners shall require
the landowner to appear before it and present evidence substantiating that the PUD project
has not been abandoned and that the applicant possesses the willingness and ability to
continue with the submittal of the PUD final plan. The Board of County Commissioners may
extend the date for the submittal of the PUD final plan application and shall annually require
the applicant to demonstrate that the PUD has not been abandoned. If the Board of County
Commissioners determines that conditions or statements made supporting the original
approval of the PUD Zone District have changed or that the landowner cannot implement the
• PUD final plan, the Board may, at a public meeting, revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original zone district. (Weld County Code
Ordinance 2002-9; Weld County Code Ordinance 2003-10)
EE. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit
Development Final Plan - If no construction has begun or no USE established in the PUD
within one (1) year of the date of the approval of the PUD Final Plan, the Board of County
Commissioners may require the landowner to appear before the it and present evidence
substantiating that the PUD Final Plan has not been abandoned and that the applicant
possesses the willingness and ability to continue the PUD. The Board may extend the date
for initiation of the PUD construction and shall annually require the applicant to demonstrate
that the PUD has not been abandoned. If the Board determines that conditions supporting
the original approval of the PUD Final Plan have changed or that the landowner cannot
implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final
Plan and order the recorded PUD Plan vacated.
FF. 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 organization 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.
GG. Section 27-8-80.B of the Weld County Code - Any PUD Zone District approved in a Final
• Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code fp
and Section 30-28-101, et seq., CRS
Sherry Lawley Final Plat(Lawley Estates PUD)—PF-1043 Page 8
.
B 4244- Date CEf�1 / 2GYJco
Y
Brad Mueller❖ Planner
•
Sherry Lawley Final Plat(Lawley Estates PUD)—PF-1043 Page 9
•
re;
DEPARTMENT OF PLANNING SERVICES
918 10th Street
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us E-MAL: bmueller@co.weld.co.us
C. PHONE I(9(970) 353-6100, EXT. 3572
FAX (970) T
3 -6498
COLORADO
September 9, 2006
Sherry Lawyley
26658 Weld County Road 74
Eaton, CO 80615
RE: Lawley Estates PUD
Planning File No. PF-1043
• Dear Sherry:
The Department of Planning Services' has reviewed your application and related materials for
compliancy with the Weld County Code. We find that your proposed final plat meets the intent
of the Code and it has been conditionally approved by staff. We have enclosed our comments
for your case.
Please address all issues identified in the staff comments. Prior to submitting the mylar, please
submit two (2) paper copies of your plat for review by the Department of Planning Services'
staff. Upon approval of the paper copies please 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. There is a
one dollar plus ten dollar recording fee per mylar sheet that you will be responsible for paying to
record the plat.
If you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address.
Sincerely,
Brad Mueller
Planner
•
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