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Home My WebLink About20051405.tiff I` n- * PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLYC9 &1& FI ICc FOR PLANNING DEPARTMENT USE DATE RECEIVED: SE(P 23 2004 RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: (,pphcsuon 5 bn ��t - hi,. I r ;�ta Parcel Number. u�,( G{' / l l ¢ ' 6rr a t:Lt n W" L,Li (12 digit number-found on Tax I.D.information,obtainable at the Weld County 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 N 72 c4. /Yip: //y , Section/1i, Township y North, RangeLR7 West Property Address(If Applicable) hark- Existing Zone District : A& Proposed Zone District:Rr Total Acreage: iG 4-j' Proposed#/Lots lv Average Lot Size: c.. 5 Minimum Lot Size:02• S Proposed Subdivision Name:CU too 7 Z5J( 657417,-3 Proposed Area (Acres) Open Space: /(0Na'_ Are you applying for Conceptual or Specific Guide? Conceptual X Specific FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) , Name: f n,g1/l y R . O1 G-A I z -c': M RR f-,&AVH Work Phone# Home Phone#9?9 5?2. 3p39 Email Address MARVhYIfiC GA-gilt!,n✓lt . AIhT Address: (; S r 4-{w y 34 City/State/Zip Code 13/32%oTo vp / Co Z--c) Co ST 3 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: 4/4L}/Il/I # P. /j1ft2Kbtf}y"/ Work Phone# Home Phone#92o SA ws 7 Email Address/t1A-QVn y µ t`( 4-/4H-t h/K , Mil- Address: 075-(75 S biw e 5A City/State/Zip Code T3 a2i7-�—dr/�1 GU Lo cc—C>C7 g UTILITIES: Water: U'T%Zri TAt-uri PSG•J 14%7473,t 3t5 Tit(Cr Sewer: No Gas: NO Electric: Po u,04,-17_ ✓f -t y R CA. Phone: Clti, r sr DISTRICTS: School: t-ifl t TyfDri Ac Ai viz-i?Y / Fire: 8 _4-77 ' ', Fzi2.i fl2o77 cflo,a ,2eST/Lccr Post: rOom/tPo SIX*'7" . e',9-n.0r • I(We)hereby 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 application. 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 the legal authority to sign for the corporation.I (we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of Zone for the above described unincorporated area of Weld County, Colorado: - 7/ a D/��/,��c_-1- e ri__ sr V ign re: Ow er or Authorized Agent ate S/7,2,„e---, Owner or Authorized Agent D2te EXHIBIT 2005-1405 I Check List Item Exemption Items included in the submittal check list which are not applicable: * The application being reviewed is not being reviewed as a Cluster PUD * All mineral rights are owned by the PUD developer and thus no others are associated with the subject property. * There are not contiguous easements associated with the subject property. * There are no ditches associated the subject property * No erosion control plan was required at the sketch plan. The geological survey was conducted and supported this conclusion. Sketch Plan Concerns & Response sub concerns Reference: Case s-480, Markham PUD Sketch Plan review, dated 3/2/99, issued by Eric Jerman * Overview Little Thompson Water District commitments are for two years and are "conditional" on then current availability. These commit ments must be renewed each two years if required. Berthoud has previously reviewed the proposed PUD and has agreed it is consistent with their plans. * Weld County Zoning Ordinance Compliance A sign on the silo advertising a business in town was interpreted as a home business. The sign has been removed in compliance. The sign was on the property now platted as a recorded exemption and is not part of the current process. * Compliance with the PUD Ordinance #197 The ordinance referenced has been addressed in the Development Plan * Common Open Space/Amenities No open space will be allocated as part of the PUD process. The PUD is separate from any urban area and does not require open space. * Residential Lots The referenced radon tests will be done for each residence. The primary and secondary septic system leach fields will be included on the final plat. The zoning propsed for the PUD is Rural Estate and the minimum lot size is 2.5 acres which complies with Section 36.3. The septic system design will comply with Weld County Codes. * Roadways & Sidewalks The 75' State Highway requirement has been met. 'The residence and silo are not now part of the PUD. The internal roadway has been designed to meet Weld County Standards. The cul-de-sac location has been relocated on the final road design and has been review/approved by the Berthoud Fire Protection District. No sidewalks are planned. * Public Services -- Little Thompson Water District has commited to supply adequate water in letter included with the Change of Zone application package. * Right to Farm Covenant The appropiate verbage will be included on the Final Plan Plat to assure the "Right to Farm Covenant" is enforced. Development Guide Winterset Estates Subdivision r September 19, 2004 Introduction: The property under consideration for division is located approximately 2 miles East of Berthoud, south of, and adjacent to, state Hwy 56 just inside the Weld County line. The Change of Zone Plat contains a location map. The greater area in which the proposed PUD is located is gently rolling terrain, zoned agricultural, and principally used for agriculture but also containing a number of rural residences. Berthoud has annexed property to the south and west. A PUD is in progress to the West of the location of the proposed PUD and is a mix of residential (210 home sites) and commercial properties. The immediate area consists of approximately fifteen rural estate class residences on acreages ranging from two to twenty acres intermixed with agriculture zoned properties being actively farmed. The agricultural activity is typically field crops such as alfalfa, beets/beans, and corn as well as dairy operations and a turkey production facility. Given that mix, the proposal to divide the property to provide six residences, with a "mini-ranch" theme, is consistent with the look and feel of the area. Every effort will be made to assure the six rural estate class residences are compatible with the surrounding property utilization. The primary emphasis will be to maintain the open, ranch like atmosphere with a minimum of disturbance to the rolling grassland vegetation. No formal open space is planned as the property being divided is in a rural non-urban environment. A minimum of landscaping will be proposed such that the open, spacious feel of the area, with the mountain views, will be maintained. The PUD wil be implemented in two phases: Phase 1 will consist of the road providing access to the PUD and the formal completion of Lot 1 (the lot adjacent to State Highway 56). All utilities will be available at the lot line and require no improvements. Landscaping will consist of trees and shrubs along the North side of the lot to provide buffering from the state highway. Phase 2 will involve the completion of the utilities required for lots 2 thru 6 as well as the completion of landscaping and formal completion of the PUD. Due to the simplicity of the PUD, i.e no commercial interests, no MUD, no industry, some items may be deemed to not be pertinent or be much simplified from the typical subdivision. This guide will try to provide the theme for, and answer questions pertaining to, the planning and implementation of the services and other requirements of the PUD. Environmental Impacts: The area surrounding the parcel being divided is agricultural land with rural residences intermixed with agricultural activity. Several of the residences have animals of all types on their property. A turkey maturation facility is just across the street. The highway to the north of the property actively carries farm equipment of all types. The farmland to the south of the property is actively being farmed. Animal odors, crop spraying, and irrigation runoff abound and are what give the area it's rural ambience. The area is protected with "Right to Farm" provisions. The right to farm provision shall be included in the Final Plat and will be part of the covenants such that the residents do no make public complaints about the farming activity. Converting the agricultural land, which is currently not being farmed, to six rural estate residences on an average of 2.5 acres should have minimal environmental impact on the surrounding area. The only area adjacent to the subdivision being actively farmed isto the south of the property. Existing residences lay to the East and West of the property with a typical spacing of 400 feet from the proposed building sites. The building sites will be situated such that open space will be provided on all sides of the subdivision. In addition there is provided a 20 foot setback such that no outbuilding can be built right up to the property line of the adjacent properties such that noise or vibration from a workshop, for example, would not affect the surrounding area. Heat, light and glare will be part of the covenants and be required to be taken into account as part of the review of any proposed residence or outbuilding. Any smoke, dust, and odors gen- erated should be minimal and ameliorated by the spacing and surrounding vegetation. Guidelines for the types of, and appearance of, any proposed residences and outbuildings will be provided in the homeowner covenants such that the structures will be consistent with those in the area and not upset any visual and aesthetic aspects. All residences will have the electrical systems installed according to code. The covenants will require no external antennas. Any electrical interference noted by adjacent neighbors will be required to be corrected. All septic systems will be built to code as required by Weld County. No holding ponds for animal wastes will be allowed. No other type of water pollution should result from single family resi- dences. There are no wetlands on the property. No erosion and sedimentation occurs on the land at this time as the property is grassland and weed. The grading and drainage plan will specify that the changes which are made for the entrance and road will not cause these items to occur. Excavating,filling and grading will be done in accordance with the approved grading and drainage plan. No drilling and dredging is required to add the required improvements. The ditching along the road for storm drainage will be done according to the approved plan. Residences should not generate air pollution. Any solid waste will be required to be removed by the local sanitation services. No wildlife removal will be allowed and well as natural vegetation other than that required to put foundations under residences and provide the access road. The object here is to main- tain the look and feel of the area. The landscape plan will focus on minimal impact to the land and will utilize flora consistent with the surrounding area. No radiation should be generated by the residences and no radioactive material exists on the land. Drinking water will be provided with taps from a mainline extension off the Little Thompson Water District main along Highway 56 and thus immune from envionmental impacts. Given the volume of existing traffic on the State Highway 56 , the impact of six residences entering/exiting approximately two times daily on the average should not significantly impact the traffic flow. Service Provision Impacts: Of those agencies polled for step one, Sketch Plan, none indicated any problems with serving the additional proposed residences. Little Thompson School District requires a stipend per lot be paid on PUD finalization. They also will receive a portion of property taxes generated. Law enforcement impact would fall on the Weld County Sheriffs department and or/Colorado Highway Patrol. It is assumed that six additional residences could be served by these agencies out of the current coverage and incremental costs be covered by property taxes. Berthoud Fire Protection District, who also provide ambulance service, reviewed and approved the plan. The impact to them should be covered by the property tax apportionment generated by the new residences. Transportation into PUD consists of a single 680 foot roadway culminating in a cul-de-sac. The internal road shall be considered to be a 'Local Street'. The internal roadway right-of- way shall be 60 feet in width with the cul-de-sac having a 65 foot radius. The right-of-way is to be dedicated to the public. The typical roadway section shall be two 12-foot paved travel lanes with a 4-foot gravel shoulder at each side of the paved roadway. The cul-de- sac edge of pavement radius shall be 50-feet. The pavement section shall be designed and constructed to allow for HS-20 loading conditions. A stop sign and street name sign will be required at the intersection of the internal roadway with Colorado State Highway 56. The installation of the road will be done by the developer and paid for as per the Phase 1 Improvements Agreement. The agreement which will be included in the Final Plat Plan package. The impact of an additional six residences on highway 56 should not require a traffic impact analysis. A waiver on this matter is requested. However, should Weld County Public Works Dept decide the traffic impact analysis is required, it will be done. A storm drainage study has been done by a licensed professional engineer. The results will be included in the Final PUD Plan submittal package. The impact of findings has been taken into account in the drainage and grading plan, part of the road design package, and provide details on how the peak storm drainage will be handled. No off-site discharge is anticipated. Poudre Valley REA indicates current utility provisions for the area are adequate for the proposed PUD. See the attachments. Qwest will install land lines in cooperation with Poudre Valley REA. Current "Commit to Serve" letters will be included in the Final Plat Plat submital. Lil Thompson Water District indicates the current water provisions for the area are adequate in terms of quantity and quality. A support letter is included as part of the Change of Zone package. No sewage disposal provisions are required. Each residence shall install a septic system which conforms to Weld County codes. Landscaping Elements: A landscape plan for Phase 1 will be included in the Final Plat Plan submittal package as required. The objective of the landscaping plan will be to maintain the natural landscaping appearance while providing some degree of privacy and separation between residences and at the same time not hinder the view of the surrounding terrain and the mountains. A mix of indigenous deciduous and evergreen trees as well as shrubs is planned such that some degree of privacy between lots is achieved. Taller trees will be confined mainly to the east with placement assuring a view west for the residents as well as the existing neighbors. The shorter shrubs will be placed between the various building sites to achieve some privacy. No berms, fences, or walls are planned as part of the landscaping plan. The types of materials used will be the class that requires no long term watering. The landscaping plan will include the composite plan comprised of phase 1, phase 2 and guide- " lines for future homeowners to assure objectives of the plan are met. Phase 1 will be installation of that material which provides buffering along the corridor south of State Highway 56. Phase 2 will encompass the material intended to provide buffering between neighboring lots as well as a minimum of trees on individual lots. Guidelines will be provided for further landscaping, specify- ing placement and general type, such that the objectives of open look and mountain views will be met. The developer is responsible for installation and maintenence of Phase I and Phase 2 landscaping. The guidelines will be provided to the individual homeowners. A maintenence schedule for Phase 1 will be included in the Final Plat Plan package. After the initial installation, the landscaping along the corridor south of Hwy 56 will be watered and maintained by the developer. An automated drip system will be installed, maintained, and left active until the landscaping becomes self-maintaining. Weeds and debris will be removed period- ically. The developer shall contract with a local lawn service to bush hog the individual parcels such that a neat appearance is maintained. Open space grasses will be allowed to mature naturally. Noxious weeds, such as thistle, will be removed. Thereafter, the home owners will individually care for that on their property and jointly maintain the landscaping as required by the covenants. The line item for landscaping in the Improvements Agreement for Phase 1 will be included in the Final Plat Plan package and will assure the landscaping, for which the developer is responsible, will be done, completed, and maintained. There curently exists a Little Thompson Water tap on the property North and West of the sub- division.This tap is owned by the developer and will be used with a timed drip system to ensure adequate water to sustain and maintain the proposed landscaping after installation until such time as the homeowners can assume responsibilty. Site Design: The property under consideration has no unique features other than its openness and unhindered view of the surrounding area and the mountains. It is gently sloped from the south to the north dropping about ten feet in a quarter mile. There is a deactivated 100 foot long concrete irrigation trough on the south of the property. The PUD under consideration, based on the goals of the Comprehensive Plan, must provide for the necessary services and amenities, and should seek to preserve or enhance a site's unique natural, as well as scenic characteristics, and minimize the impact on transportation. The design and theme for this PUD is tailored around these overall goals. To assure that is the case, the Comprehensive Plan calls for a number of goals to be reviewed and assessed. Goal 1: The three step process of review outlined in the overall PUD process should ensure that the PUD meets the development applicant objectives as well as ensure the pro- posal meets all health and safety needs, meets the intent of the zone district land use, meets the intent of the goals in Sec 22-2-221; and conforms to the Comprehensive Plan. Goal 2: Changing from agricultural zoning, in an area composed of agricultural and small plot rural residences, to rural estate zoning should not cause any land use incompatibilites. The current property is not being farmed. All services appear to be available to sup- port the development. The lot sizes are compatible with the surrounding area residences All costs are being borne by the developer and as such there should be no direct costs to County taxpayers for providing urban scale services in a rural area. Incre- mental costs for police protection should be covered by the increase in property tax revenues which will be generated. Goal 3: Land use regulations should be maintained. The proposed development lies in an urban development corridor defined by Berthoud. The city officials have reviewed the proposed land use and found no objections. No other unincorporated community adjoins the property. The uses for the proposed project have been reviewed with the Agricultural and PUD goals and policies and are judged in compliance. Goal 4: The design should produce a neighborhood with distinct identity and character. Lot size, types of residences suggested, spacing, open space and landscaping should produce an environment which is clean and wholesome. The spacing and open space between residences should provide a place where quiet and country living abound. Goal 5: All public services have been provided for the convenience of the residents. Water, electricity, and telephone service facilities will be in place on the lot lines. Police, ambulance, and fire protection are available and willing to serve the residents. Educa- tional facilities are in plan. The amount of traffic effecting Highway 56 from such a low density development should not be a significant impact. The entrance design does not change the highway. Given simplicity of the PUD it was felt that a simple road ending in a cul-de-sac would be more efficient than perhaps a circle or other creative or innovative road design. Goal 6: The road design simplicity should assure fast and efficient delivery of services. The services will be efficient and cost effective in that they run straight along side the entrance road. The road and services will be privately maintained by the residences. Goal 7: The PUT) shall pay its own way. All costs related to the infrastructure and on-site improvements shall be paid for by the developer. No costs will be incurred by Weld County. Goal 8: There currently is no extraction of minerals and gas and oil resources. The mineral rights for each parcel shall be owned and maintained in perpituity by the developer. No further exploration shall occur on this property. This will be enforced with an a line item in the deed restrictions. Goal 9: The design of the PUD should ensure a quality environment. The spacing of struc- tures, open space, and convenents prohibiting junk, derelict vehicles, etc. should also contribute to the quality of life for the residents. The uses allowed by the proposed PUD shall be consistent with the requirements of Rural Estate zoning defined for the PUD Zone District. These uses shall be enforced/limited by the deed restrictions and the covenants. The zone district within which the PUD rezoning is occurring predominantly agriculture. However even though zoned agricultural, numerous residences exist with basically Rural Estate character. The land uses of the proposed PUD are restricted to grazing horses and should not conflict with the land uses of the surrounding area. Residences adjacent to the proposed PUD have horses as well as cattle, so no conflict should arise. The usages allowed under the Rural Estate zoning, augmented with the deed retrictions and covenants, will be residential, confined domestic animals, and limited pasture/hay production. These uses are compatible with the surrounding land uses. My disputes arising will be settled in favor of the agricultural zoning and be based on the "Right to Farm" provisions on the warranty deed and the covenants. My disputes within the PUD ^ will be resolved under the covenants, including legal action. The covenants shall be written to minimize and mitigate any disputes which might arise. The property lies in a Class C Flood Area. A storm drainage study was done and sufficient ditching and water retention measures will be included in the final design to assure flooding and attendant runoff do not occur. The study showed that barrow ditching, catchments, and and culverts are sufficient to handle this concern. Common Open Space Usage: No formal open space is planned. The PUD is in a non-urban environment and formal open space is not required. The size of the lots and residence location will give the PUD an open feel making formal open space unnecessary. Signage: No permanent sign, other than a street sign will be allowed within the PUD to include residential as well as open space. The covenants and deed restrictions will address temporary signs such as real estate or garbage signs and, in addition, make reference to the Weld County signage statutes. MUD Impact: The proposed PUD is solely within the jurisdiction of Weld County and is not part of a MUD Intergovernmental Agreements Impact: The Intergovernmental Agreement, dated 18th day of August, A.D., 1999, was reviewed to determine what impact the proposed PUD would have. The agreement deals principally with the exchange of services, relevevant reimbursement for such services as well as indem- nification. It is felt the PUD would not cause an impact which could not be handled under the existing intergovernmental agreeements and processes. Report Date: 08/30/2004 10:33AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R4676586 ("ASSESSED TO: MARKHAM HARVEY R&OLGA J 0650 HWY#56 BERTHOUD, CO 80513 LEGAL DESCRIPTION: 25792H PT N2NE4 19 4 68 BEG N0D03'E 1326.95' &S89D08'W 1283.57' FROM E4 COR S89D08'W 659.96' N1320.19' M/L N88D57'E 660' M/L S1322.48' M/L TO BEG (.5R)SITUS: 650 56 HWY WELD 00000 PARCEL: 106119000043 SITUS ADD: 650 56 HWY WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 1,032.72 0.00 0.00 1,032.72 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 08/30/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2385 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 252.96 AGRICULTUR 2,665 770 SCHOOL DIST R2J 46.671 549.78 AGRICULTUR 13,367 3,880 NCW WATER 1.000 11.78 AGRICULTUR 89,617 7,130 LTW WATER 0.000 0.00 BERTHOUD FIRE 13.774 162.26 TOTAL 105,649 11,780 BERTHOUD FIRE BOND 1.500 17.67 WELD LIBRARY 3.249 38.27 TAXES FOR 2003 87.668 1,032.72 C 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, �.�REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext.3290 WELD) COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by 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 > a Date .1d/{y V Hello