HomeMy WebLinkAbout20021512 PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION
PLANNING DEPARTMENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number
Date Application Checked By:
Planner Assigned to Case:
TO BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures).
/ (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Board
of County Commissioners concerning the proposed PUD rezoning of the following described unincorporated
area of Weld County.
LEGAL DESCRIPTION: Part of the East half of Section 34. Township 5N. Range 63 West of the 6th P.M.. Weld
Coun
(If additional space is required, attach an additional sheet of this same size or a copy of the deed)
PARCEL NUMBER: Part of 0965 34 000029 (12 digit number-found on TAX I.D.or obtained at the Assessor's Office)
NAME OF PROPOSED PUD SUBDIVISION Cottonwood Falls PUD
EXISTING ZONING AG PROPOSED ZONING PUD NO. OF PROPOSED LOTS 13
TOTAL ACREAGE 25.028 LOT SIZE:AVERAGE 1.16 Actes MINIMUM 0.96 Acres
TOTAL AREA(ACRES) OF OPEN SPACE IN THE PUD 6.9 acres(28%of site)
UTILITIES: WATER: NAME Three existing wells
SEWER: NAME Individual septic systems
GAS: NAME Public Service
PHONE: NAME U.S. West
ELECTRIC: NAME Poudre Valley REA
DISTRICTS: SCHOOL: NAME RE-7. Kersey School District
FIRE: NAME F-14. Platte Valley Fire Protection District
OVERLAY DISTRICTS: Flood Hazard FEMA Community Panels 800266 0675 C&080266 800C
PROPOSED DEVELOPMENT GUIDE SUBMITTAL(Specific or Conceptual) Specific
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME Upland Pointe, LLC do John P. Kadavv PHONE FAX (970) 330-4766
ADDRESS 4218 West 14th Street Lane Greeley. Colorado 80634
NAME National Hog Farms do Bill Haw, President PHONE (816)221-4501 x 11 FAX (816)842-5078
ADDRESS 1600 Genessee Kansas City, Missouri 64102
APPLICANT OR AUTHORIZED AGENT(if different than above*1
NAME Todd Hodges Design. LLC do Todd A. Hodges
ADDRESS 2412 Denby Court Fort Collins. Colorado 80526
BUSINESS PHONE (970)207-0727 (970)215-4311 (Cell) FAX (561) 828-8059
If agent is diff nt from the prope owner, please submit written documentation from the property owner
authorizing ' age,;i7rresen e owner.
I nature: Owner or Authorized Agent 181T
2002-1512
.01
i^ John P. Kadavy
Upland Pointe, LLC
4218 West 14th Street Lane
Greeley, Colorado 80634
To Whom It May Concern:
Please be advised that I, John P. Kadavy, hereby authorize Mr. Todd Hodges of Todd
Hodges Design, LLC, to represent me in my endeavor to subdivide my land, located in
the E %2 34-05-63 west of
the 6th P.M., Weld County, Colorado.
hn P. Kadavy date
Cottowood Falls Planned Unit Development
Specific Development Guide
Introduction
Cottonwood Falls Planned Unit Development provides a unique rural residential opportunity
in unincorporated Weld County. The approximately 25-acre site is currently developed with
thirteen existing homes, internal roads, and sweeping views to natural prairie landscapes
while nestled amongst large cottonwood trees. These units were approved by the
Department of Planning Services as accessory dwellings for unit managers of the National
Hog Farm operation. The existing character of the subdivision will be improved both
externally and internally. Initially developed as employee housing for the National Hog Farms
operations, the existing housing will be renovated. Additional improvements include a
modification to the internal road providing two hammer-heads. A monument sign will be
erected near the entrance of the subdivision off of Weld County Road 69. Additionally, a
picnic shelter will be constructed and sited to serve a dual purpose as a covered shelter for
school children waiting for the school bus. A basketball court will be developed north of and
adjacent to the shelter by the Home Owners Association, if so desired. In addition, a new
mail delivery station will be constructed near the picnic shelter area. The renovation of the
existing structures will be completed to far exceed county standards.
This subdivision is an outstanding example of how existing structures can be renovated to
meet current needs. The applicant seized the opportunity to make a positive contribution to
the development of unincorporated Weld County. Rather than allow this rural subdivision to
become managed as perpetual rental units and/or fall into a perennial state of disrepair, the
applicant has ensured quality design through the attached covenants.
Section 27-4-20.E.14. Initial impact plan addressing all impacts this use will have on
the proposed site and surrounding land uses. A listing of potential impacts is cited in
Section 27-6-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE)
Section 27-6-40. Component One- environmental impacts
1. Noise and vibration
2. Smoke, dust and odors
3. Heat, light and glare
4. Visual/aesthetic impacts
5. Electrical interference
6. Water pollution
Development of this proposal should not result in any negative environmental impacts,
including the above listed environmental concerns. As the use of the site will remain
residential and open space, adverse impacts from noise and vibration, smoke, odors, heat,
glare, visual impacts, electrical interference and water pollution will not occur on the site.
Visual and aesthetic impacts will be enhanced by entrance landscape treatments and
landscaping within the subdivision.
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7. Wastewater disposal
All wastewater disposal within this development will be through the use of individual septic
systems. Individual septic permits currently exist on the site. Replacement envelopes have
been delineated on the plat. The proposed lot sizes within the subdivision have been
designed to meet the density requirements of the Weld County Code and the Weld County
Health Department, therefore no negative impacts are foreseen on this site. All past
inspections and information have been included with this application. The requirement for a
Geo-Technical Report is not applicable to this application per a conversation with Pam Smith.
8. Wetland removal
This proposal does not remove wetlands.
9. Erosion and sedimentation
10. Excavating, filling and grading
11. Drilling, ditching and dredging
Not applicable as the site has already been developed. Any additional on-site grading,
drilling, ditching or dredging will be done sympathetically. Erosion will be kept to a minimum.
The common open space areas surrounding the residential lots will be planted in native
and/or drought tolerant grasses and should not be disturbed with construction. A drainage
statement has been submitted with this application.
12. Air pollution
13. Solid waste
14. Wildlife removal
15. Natural vegetation removal
This proposal will not result in negative impacts to the above listed concerns. The residential
uses should not create negative impacts to air pollution or contribute to solid waste concerns.
There will also be minimal removal of natural vegetation on the site.
16. Radiation/radioactive material
To the applicant's knowledge, there are no radioactive materials located on this site.
17. Drinking water source
Potable water for the residential lots is currently provided by three existing wells. Twelve units
share two wells. The thirteenth unit is served by an individual well. Please refer to the
enclosed well inspection information included with this application.
18. Traffic impacts
This formalization of the subdivision process will not create additional impact to the existing
roads in the area. All residential lots will be served by an internal roadway which will limit the
number of access points onto Weld County Roads 69, further allowing a continuous flow of
traffic on these roadways. Any unforeseen traffic impacts resulting from the review of this
proposal by the Weld County Public Works Department will be addressed in future
application submittals.
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Section 27-6-50 Component Two—service provision impacts
^. 1. Schools
2. Law enforcement
3. Fire protection
4. Ambulance
Service providers for this PUD include the Kersey School District RE-7, Weld County law
enforcement, and the Platte Valley Fire Protection District. This proposal should have a
minimal
impact to these service providers, as they already provide service to these thirteen residential
units. A picnic shelter shall be placed in a location to provide covered space for school
children to meet the school bus in the mornings.
5. Transportation (including circulation and roadways)
6. Traffic impact analysis by registered professional engineer
The internal roadway in the PUD is designed to meet the requirements of Chapters 24 and 26
of the Weld County Code. A cross section of the proposed roadway is included with this
application.
7. Storm drainage
Storm drainage will be handled on this site.
8. Utility provisions
9. Water provisions
^- 10. Sewage disposal provisions
All utilities are currently servicing these thirteen residential units. As previously stated, the
thirteen residential units are currently served by three existing wells. The sewage disposal
will be from individual septic systems. The size of the residential lots is due to existing
conditions. The applicant has been in contact with the Weld County Department of Public
Health and Environment to design replacement envelopes for each system. These
replacement envelopes have been designated on the plat submitted with this application.
Section 27-6-60 Component Three— landscaping elements
1. Landscape plan
2. Treatment, buffering or screening and perimeter treatment
Any landscaping improvements on the site within the common open space areas will be
focused primarily around the entry points to the development. Individual landscaping on each
lot will be determined and maintained by the lot owner. A formal landscape plan has been
submitted with this application.
3. Maintenance schedule for landscaping elements
4. On-site improvements agreement
5. Evidence of adequate water
The maintenance for all landscape improvements in the common open space areas will be
conducted by the homeowners association. All plant material will be maintained in a healthy
state and any dead or dying plant material will be replaced at the earliest planting time
possible. All plant species selected will be drought tolerant and should require minimal water
usage. If needed, plant materials will be irrigated by either an installed watering system or by
truck. Landscape species will also be selected to adapt to the soil conditions of the site
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Section 27-6-70 Component Four—site design
1. Unique features
As previously stated, the topography of the site is flat, allowing sweeping views to the rolling
hills north of the South Platte River. The site is located north of and adjacent to the South
Platte River. In addition, approximately ' mile to the west is the northern boundary of the
Centennial Valley State Wildlife Refuge area. An existing shelter belt of cedar trees will be
maintained in the
common open space area. There are no other unique natural features existing within the
proposed PUD.
2. PUD rezoning consistent with Chapter 22 of Weld County Code
The intent of this proposal is legitimize thirteen residential lots created by the National Hog
Farms operation. This operation ceased to exist December, 2000. Rather than allow the
existing structures to become in a state of disrepair, the applicant desires to rehabilitate the
residential units and sell them as separate legal parcels. The application is consistent with
the existing surrounding land uses, and development trends in the area outlined by Weld
County. The design of the PUD provides for the thirteen existing residential lots and open
space areas. This PUD proposes to preserve 6.9 acres (28% of the property) in active open
space. It is the intent of this application to comply with Chapters 20, 22, 23, 24 and 27 of the
Weld County Code.
This property is located on land classified as "Other" by the USDA Soils map recognized by
Weld County. A.Goal 1, Section 22-2-60A.1. states, "Preserve prime farmland for agricultural
purposed which foster the economic health and continuance of agriculture." Due to the
"Other" soils classification, this application does not propose to remove prime farmland from
production. Section 22-2-60.D.1, A.Goal 4 further states, "Provide a mechanism for the
division of land which is agriculturally zoned. The intent of this goal should be to maintain
and enhance the highest level of agriculturally productivity in the County." This development
does not proposed to remove Prime Agricultural Land. This proposal does desire to create
thirteen legal lots which were clustered on the National Hog Farm operation. The Policies
found in Section 22-2-60.D.2.a 1 through 7 have been taken into consideration during the
formation of this application.
3. Compatibility within PUD zone district
4. Compatibility with surrounding land uses
The existing design of the subdivision takes into consideration the existing uses of the
surrounding properties and proposes similar uses. The site is designed to provide for a non-
urban scale residential development with an open space. All recorded plats will include the
Weld County Right to Farm, found in Appendix 22-E of the County Code.
5. Overlay districts
The entire site is located in the floodplain, as indicated on FEMA FIRM Community Panel
080266 0675 C and 080266 0800C. Existing improvements were completed through the
Flood Hazard Development permit process.
Section 27-6-80 Component Five— common open space usage
.- The common open space areas within this subdivision are designed and proposed to be
consistent with the requirements of Section 27-6-80 of the Weld County Code.
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1. Permanent common open space restrictions
2. Establishment of homeowners organization
3. Mandatory membership in homeowners organization
4. Homeowners organization responsibilities
5. Homeowners organization powers
6. Ownership and maintenance of common open space
7. 15% common open space allocation
In accordance with Section 27-6-80.B.7, 15% of the site is required to be devoted to common
open space. This development proposal exceeds this requirement as it proposes to dedicate
approximately 6.9 acres, or 28% of the total site to common open space. The common open
space will be owned and maintained by the homeowners association. The construction of the
open space amenities is minimal and is mainly vegetation.
Section 27-6-90 Component Six—signage
All signage within this PUD will comply with the sign standards set forth in Section 27-6-90
and Division 6, Article II, Chapter 19 of the Weld County Code. A monument sign and
landscaping treatment will be designed for the subdivision entry.
Section 27-6-100 Component Seven—MUD impact
Not-applicable: This proposal is not located within the Mixed Use Development Boundary as
delineated by Weld County.
Section 27-6-110 Component Eight— intergovemmental agreement impacts
Not applicable: This proposal is not located within any Intergovernmental Agreement Urban
Growth Boundary areas.
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PROTECTIVE COVENANTS APPLICABLE TO THE LAND HERINAFER
DESCRIBED
PART A. PREAMBLE
KNOWN ALL ME BY THESE PRESENTS: The undersigned, John P. Kadavy dba
Upland Pointe, LLC does hereby certify and declare that all of the lands described as
Cottonwood Falls Subdivision
Shall be subject to the restrictions; covenants and conditions hereinafter expressed and
that by the acceptance of any conveyance the Grantee or Grantees therein, they and each
of their heirs, executors, administrators, successors or assigns, as to any and all such
property, will and do agree thereto.
PART B. GENERAL PROVISIONS
B-I. APPLICATION. John P. Kadavy dba Upland Pointe, LLC, his successors and
assigns and for any person, persons or corporation to whom the rights of the Grantor
herin shall be specifically transferred, does hereby establish these protective restrictions
and covenants which shall attach to and pass with the real property of Cottonwood Falls
Subdivision, in Weld County, State of Colorado, according to the recorded plat therof,
and shall bind all persons who may at any time hereafter own or claim any right, title or
interest in and to said real property whether acquired through voluntary act or by
operation of law.
B-2. TERM. These covenants are to run with the land and shall be binding on all parties
and all persons claiming under them for a period of thirty years from the date these
covenants are recorded, after which time said covenants shall be signed by a majority of
the then owners of the lots and recorded, agreeing to changing said covenants in whole,
or in part. Any change of these Covenants which affects the utility easements shall
require the prior written agreement of that affected holder of the easement.
B-3. CONTROL. There is hereby established an architectural control committee
consisting of four member and the following persons are hereby named and designated as
members of the first such committee: John P. Kadavy, Rita F. Kadavy, Shawn B. Pinon
and . A majority of such committee can designate a representative to act for
it and in the event of death or resignation of any member the remaining members shall
have full authority to appoint a successor.
B-4. ENFORCEMENT. If any person shall violate or attempt to violate any of the
provisions of these protective covenants, any other person or persons owning real
property in the said tract shall have full power and authority to prosecute any proceedings
at law or in equity against the person or persons violating or attempting to violate any of
the provisions hereof either to prevent him or them from so doing and/or to recover
damages sustained by reason of such violation. Enforcement shall be by proceeding at
law or in equity against any person or persons violating or attempting to violate any
Covenant either to restrain violation or to recover damages as the Court may deem
appropriate.
B-5. ATTORNEY FEES. In the event a person or persons retain an attorney to bring
an action to enforce these covenants and enforcement is accomplished by a Court
proceeding or otherwise, said prevailing parties shall be intitled to recover from the other
adverse person or persons an amount sufficient to cover their reasonable attorney fees
with respect to said enforcement.
PART C. RESIDENTIAL AREA COVENANTS
C-1. LAND USE AND BUILDING TYPE. Home size shall be a minimum of one
thousand five hundred finished square feet of living area for a single story home, one
thousand six hundred finished square feet of living for a multi-level home and one
thousand eight hundred finished square feet of living area for a two-story home.
Attached garage shall be a minimum of a one car garage design and shall not exceed a
three car design. Detached garages, workshops and barns are allowed within the
subdivision, but are subject to final approval of said architectural control. Such
outbuildings must meet requirements paced on exterior elevations, overall dimensions,
design construction, color selection and placement on lot. No structure shall be erected
closer than 25 feet to the property line. Fencing shall be constructed of wooden or vinyl
rail and subject to final approval of the architectural control. Privacy fencing shall be
allowed only in areas of back-yard privacy requests and are also subject to final approval
of the architectural control. No barbed or barbless wire will be allowed. The
architectural control committee may amend these restrictions upon obtaining approval, in
writing of a majority of lot owners.
C-2. ARCHITECTURAL CONTROL. No structure shall be erected, placed or altered
on any lot until the construction plans and specifications and a plan showing the location
of the structure have been approved by the Architectural Control Committee as to quality
of workmanship and materials, harmony of external design with existing structures or
adjacent lots in Cottonwood Falls Subdivision
C-3. RESTRICTED USES ON ALL LOTS. Mobile homes or temporary structures
shall not be allowed. Hunting and the discharging of fireworks shall not be allowed on
lots or open spares surrounding Cottonwood Falls Subdivision. Obnoxious or offensive
activities shall not be carried on upon any lot, nor shall anything be done thereon which
may be or may become an annoyance or nuisance to the neighborhood.
C-4. GARBABE AND REFUSE DISPOSAL. Lots shall not be used or maintained as
a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept upon a lot
except in sanitary containers. All equipment for the storage or disposal of such material
shall be kept in a clean and sanitary condition.
C-5. LANDSCAPE REQUIREMENTS. No weeds, underbrush or other unsightly
growth shall be permitted to remain upon the lot at any time. If a residence is
constructed, landscaping of the lot shall begin within six months of the residence's
completion and these landscape plans shall ensure that at least twenty-five(25) percent of
the lot is landscaped and the remaining non-landscaped part of the lot is under vegetation
cover suitable for controlling weeds over the entire (e.g., mixed pasture grass) shall be
planted.
C-6. OUTDOOR STORAGE OF VEHICLES. No outdoor storage of boats, campers,
recreation vehicles, etc. is allowed without fully screened fencing or enclosure. This
prohibition shall also include inoperable motor vehicles which are not licensed by the
State of Colorado Department of Motor Vehicles with appropriate valid and current
license plates. No vehicle repairs shall be allowed unless performed within an enclosed
garage, except for the emergency repairs completed within twenty-four hours. No long
term parking of vehicles(in excess of 24 hours) shall be permitted on the streets in front
of property frontage.
C-7. USE OF RECREATIONAL VEHICLES. Recreational vehicles such as four
wheel drives, motorcycles, go-carts, four-wheelers, etc., shall be used only as
transportation and not raced anywhere or used in any manner which would be considered
a nuisance activity.
C-S. EASEMENTS. Easements for installation and maintenance of utilities and
pipelines are reserved as shown on the recorded plat attached as Exhibit A and made a
part hereof. Within these easements, no structure, planting (especially trees or other
deep-rooted plants) or other material shall be placed or permitted to remain which may
damage or interfere with the installation and maintenance of the utility or pipeline, which
will prohibit or restrict the use of the easement of its intended purposes, which may
change the direction of flow of drainage channels in the easements, or which may
obstruct or retard the flow of water through drainage channels in the easements. Any
structure or planting or improvement placed within the easement shall be placed at the
risk of the lot owner with respect to removal of the same if requested by the appropriated
holder of the easement. The easement area of each lot and all improvements in it shall be
maintained continuously by the owner of the lot, except for those improvements and
maintenance for which a public authority or utility company or easement holder is
responsible.
C-9. UTILITIES. All new utilities must be underground.
C-10. SIGNS. To the extent allowed by law, no sign of any kind shall be displayed to
the public view on any lot, except one professional sign of not more than one square foot,
one sign of not more than six square feet advertising the property for sale or rent, signs
used by a builder to advertise the property during the construction and sales period, or
real estate signs associated with the sale of lots contained within the subdivision during
the ordinary course of real estate sales of such property.
C-11. LIVESTOCK, POULTRY AND PETS. Owners of the lots may use any portion
of their lots as a pasture with barn or stable for riding horses, and such other animals or
pets that may constitute a hobby activity. No animal, livestock or poultry of any kind
shall be raised, bred, kept or maintained on any lot for commercial purposes. Dogs and
cats must be kept within the limits of individual lots and shall not be allowed to roam
freely within the subdivision. If dogs leave the lot property in the presence of the owner,
the dog must be under the owner's control and supervision at all times. If dogs or cats
leave the lot property without being in the presence of the owner, Weld County animal
control regulations shall apply. Any excessive dog barking or other obnoxious animal
noises shall not be allowed. No more than one horse per acre, or one animal unit per acre
shall be allowed, in accordance with Weld County regulations.
C-12. SUBDIVISION MAINTENANCE. Lot owners shall have the right to act as
whether an unincorporated Association or as an incorporated Association and shall elect
annually at their meeting a President, Vice President and Secretary-Treasurer who shall
serve without compensation. It shall be deemed a quorum for any such meeting in the
event three(3) or more lot owners representing separate entities or persons shall be in
attendance at any annual meeting. In the event of a Special Meeting a quorum of fifty
percent (50%) of the owners shall be required. Each owner of a lot shall be entitled to
one(1) vote for each lot or living unit in which an interest is held. Action shall be taken
by a majority vote. It shall be the obligation of the Association to maintain the
Community Water Association and other internal situations deemed their responsibility.
C-13. NUISANCE WILDLIFE. Land owners are notified that they will be responsible
for handling"nuisance"wildlife issues within the laws of the State of Colorado such as
occasional visits by deer, turkeys, coyotes, foxes, raccoons, skunks and other creatures.
C-14. WATER ASSOCIATION.
C-15. SEVERABILITY. Invalidation of any one of these covenants by judgment or
court order shall in no way affect any of the other provisions which shall remain in full
force and effect.
IN WITNESS WHEROF,the undersigned has affixed his signature
DECLARANT:
John P. Kadavy /dba Upland Pointe, LLC
STATE OF COLORADO
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
2001 by John P. ICadavy/dba Upland Pointe, LLC as owner of Cottonwood Falls
Subdivision, County of Weld, State of Colorado.
WITNESS my hand and official seal.
My commission expires:
Notary Public
`Kim Ogle- COZ Dr Dass April 2002.doc Page 1
ta‘I
all an Hodges Design, LLC
April 25,2002
Purushottam Dass,Ph.D.,P.E.,
Supervisory Water Resource Engineer
Office of the State Engineer,Division of Water Resources
Department of Natural Resources
1313 Sherman Street,Room 818
Denver,Colorado 80203
RE: Cottonwood Falls PUD,located in part of the East half of Section 34,Township 5 North,Range 63
West of the 6th P.M.,Weld County,Colorado,consisting of 25.028 acres. Water Division 1,Water
District 1.
Dear Dr. Dass:
Thank you for taking the time to discuss the aforementioned application under review with Weld County
Planning Services. Your interest in the Weld County Planning process and this particular case were
greatly appreciated. As you may remember,the thirteen lots and residential units are currently existing
on-site. This case proposes to legalize these lots and homes as separate parcels to be sold individually.
Your letter dated April 11,2002 was received by the Weld County Department of Planning Services on
April 15, 2002 and immediately sent to us with several "red flags"raised. After our conversation,and
after speaking with the applicant,it was determined the third well needed to be registered with the State.
Mr.Brent Schantz indicated the application and fee were mailed from the Greeley office this morning to
your Denver office. Therefore,this situation has been resolved.
The Weld County Department of Planning Services has not been supportive of applications without a
positive referral from the State Division of Water Resources. Your support is crucial to this application.
I have included copies of the Water Supply Information Form,two well permits,and the well registration
application. Also enclosed is a copy of application materials to supplement the aforementioned
materials. Would you be so kind to send a referral response in writing to Kim Ogle, Department of
Planning Services, 1555 North 17th Avenue,Greeley,Colorado 80631 by May 10,2002? Your attention
is greatly appreciated.
I may be reached at(970)412-8640. Please do not hesitate to contact me with further questions or
concerns I may resolve for you. We look forward to working with you on this matter.
Very Sincerely,
Anne Best Johnson,AICP
Todd Hodges Design, LLC
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059
email: toddhodgesdesign(a`eartlilink.net
MEMORANDUM
Wi` a TO: Board of County Commissioners
COLORADO DATE: April 24, 2002
FROM: Kim Ogle, Planner Ill y"
SUBJECT: Pre-Advertisement Request
CZ-632, Cottonwood Falls PUD
John Kadavy c/o Todd Hodges Design LLC
The applicant, John Kadavy, respectively requests the Board of County Commissioners to take
under advisement his request for a pre-advertisement / pre-notification for the above referenced
case. Mr. Kadavy's request is based on a financial burden involved in the maintenance of the
thirteen single family residences and property.
This case was scheduled to be heard by the Planning Commission on June 4, 2002.
The applicant's letters dated April 8 and April 17, 2002 are attached.
The Department of Planning Services states for the record that this property has been vacant
since December 2000. Monica Mika and Julie Chester of the Department of Planning Services
met with Mr. Kadavy approximately one year ago to discuss this proposal. Given that the
housing units and road system is in place, staff elected to waive the Sketch Plan application
phase enabling the applicant to proceed directly to the Change of Zone as this development is
a unique situation.
The application for development was received by the Department of Planning Services on
March 29, 2002 and is presently proceeding through the referral process. The Department of a
Planning Services and its' referral agencies are not creating a hardship on the applicant to
proceed via the normal scheduling channels. This office does not view the applicants request
as a sufficient reason for the Board to approve the request for pre-advertisement.
The Department of Planning Services is not in support of this request.
The Board of County Commissioners approved the request for Pre-Advertisement of CZ-632,
Cottonwood Falls PUD for John Kadavy c/o Todd Hodges Design LLC on a vote of 5-0. The
hearing date is scheduled for June 19, 2002.
John P. Kadavy
Upland Pointe, LLC
4218 West 14th Street Lane
Greeley, Colorado 80634
(970) 396-4303
April 17, 2002
Weld County Commissioners
c/o: Kim Ogle
1555 N. 17th Avenue
Greeley, Colorado 80526
RE: Pre-Advertisement for Cottonwood Falls PUD COZ application, CZ-632
Dear Commissioners:
This letter is a formal request for a pre-advertisement concerning the Cottonwood Falls
PUD Change of Zone application, CZ-632. Due to extenuating circumstances I ask for
the earliest possible hearing date to present this Planned Unit Development proposal
before you. After a phone conversation with Ms. Gesick, it was determined the earliest
date available is June 12, 2002 at 10:00 am.
The extenuating circumstances are caused by the financial burden involved
maintaining the thirteen existing units and site. These units are being improved to
eventually sell as single-family, owner-occupied residential units. In the interim, it is
costly to maintain the units, keep vagrant tenants out, and improve the area. Owner-
occupied housing will be a better situation for all involved.
I enclosed a check in the amount of $15.00 to make up the difference for the pre-
advertisement fee in my previous letter. I hope this letter clarifies my first request.
Thank you for your time and consideration in this matter. If you have any questions, I
may be reached at the number or address above.
Sincere) /
John P. Kadavy
Upland Pointe, LLC
Cc: Todd Hodges Design, LLC
John P. Kadavy
Upland Pointe, LLC
4218 West 14th Street Lane
Greeley, Colorado 80634
(970) 396-4303
April 8, 2002
Weld County Commissioners
c/o: Kim Ogle
1555 N. 17th Avenue
Greeley, Colorado 80526
RE: Pre-Advertisement for Cottonwood Falls PUD COZ application, CZ-632
Dear Commissioners:
This letter is a formal request for a pre-advertisement concerning the Cottonwood Falls
PUD Change of Zone application, CZ-632. Due to extenuating circumstances I ask for
the earliest possible hearing date to present this Planned Unit Development proposal
before you. After a phone conversation with Ms. Gesick, it was determined the earliest
date available is June 12, 2002 at 10:00 am.
I have enclosed a check in the amount of $15.00 to make up the difference for the pre-
advertisement fee.
Thank you for your time and consideration in this matter. If you have any questions, I
may be reached at the number or address above.
Sincerely
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John P. Kadavy
Upland Pointe, LLC
Cc: Todd Hodges Design, LLC
Enclosure
05/20/2002 10:19 SEARS REAL ESTATE 3 9P304649B
NO.072 P01
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Remarks:
Sears Real Estate
2021 Clubhouse A �� . 5 �s�
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Greeley, Colorado �.�S ,�� /c-�,--
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05/20/2002 10:19 SEARS REAL ESTATE 4 9P3046498
N0.072 P02
C-11. LIVESTOCK,POULTRY AND PETS. Owners of the lots may use any portion
of their lots as a Pasture with barn or stable for riding horses, and such other animals or
pets that may constitute a hobby activity. No animal, livestock or poultry of any kind
shall be raised, bred, kept or maintained on any lot for commercial purposes. Dogs and
cats must be kept within the limits of individual lots and shall not be allowed to roam
freely within the subdivision. If dogs leave the lot property in the presence of the owner,
the dog must be under the owner's control and supervision at all times. If dogs or cats
leave the lot proplerty without being in the presence of the owner, Weld County animal
control regulations shall apply. Any excessive dog barking or other obnoxious animal
noises shall not be allowed. No more than one horse per acre, or one animal unit per acre
shall be allowed, in accordance with Weld County regulations.
C-12. SUBDIVISION MAINTENANCE. Lot owners shall have the right to act as a
not for profit Association and shall elect a President, Vice President and Secretary-
Treasurer at their annual meeting, all of whom shall serve without compensation. It shall
be the obligation of the Association to manage the Residential Well Maintenance
program and other internal situations deemed their responsibility.
C-I3. NUISANCE WILDLIFE. Land owners arc notified that they will be responsible
for handling"nuisance" wildlife issues within the laws of the State of Colorado such as
occasional visits by deer, turkeys, coyotes, foxes, raccoons, skunks and other creatures.
C-14. RESIDENTIAL WELL MAINTENANCE. Lot owners will be required to
administer as part of the not for profit Association the maintenance, inspection and
treatment of Residential Wells No.1 (PERMIT NO. 035063), No. 2 (PERMIT NO.
035062) and No.3 ( )according to Federal and State laws.
C-1S. SEVERA$ILITY, Invalidation of any one of these covenants by judgment or
court order shall in no way affect any of the other provisions which shall remain in full
force and effect.
IN WITNESS WEIEROF, the undersigned has affixed his signature
DECLARANT;
John P. Kadavy /dba Upland Pointe, LLC
STATE OF COLORADO
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