HomeMy WebLinkAbout20050938.tiff i-. PUD FINAL PLAT
ADMINISTRATIVE REVIEW
APPALOOSA ACRES ESTATES PUD
CASE NUMBER: PF-1020
PLANNER: Kim Ogle
APPLICANT: Wake LLLC, do A. Bruce Johnson,
801 Eighth Street, Suite 220
Greeley, CO 80631
AUTHORIZED do Clifford and Paul Cliff
AGENT: 2001 Fern Avenue
Greeley CO 80631
REQUEST: A Planned Unit Development for twenty-two (22)residential Lots and 32 acres of
Common Open Space (Appaloosa Acres Estates)
LEGAL: Lot 15C; Fourth Replat of Gilbaughs Appaloosa Acres; being in the W2 SW4 of
Section 33, T7N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to CR 74; Approximately 1000 feet east of CR 41.
ACRES: 60.5 +1- PARCEL NUMBER: 0709-33-001026
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Department of Code Compliance, referral received 1-28-2005
• Weld County Department of Building Inspection, referral received 1-28-2005
• West Greeley Soil Conservation, referral received 2-1-2005
• Weld School District RE-2, referral received 2-1-2005
• Town of Eaton, referral received 2-2-2005
• North Weld County Water District, referral received 2-9-2005
• Colorado Division of Wildlife, referral received 2-10-2005
• Weld County Department of Public Works, referral received 3-7-2005
• Weld County Department of Public Health & Environment, referral received 3-8-2005
• Eaton Fire Protection District, referral received 3-14-2005
The Department of Planning Services' staff has not received responses from the following agencies:
• State of Colorado, Division of Water Resources
• Weld County Sheriffs Office
doa 5 -0938'
PUD FINAL PLAT
46)fttri APPALOOSA ACRES ESTATES PUD
COLORADO
CASE NUMBER: PF-1020
PLANNER: Kim Ogle
HEARING DATE: March 30, 2005
APPLICANT: Wake LLLC, do A. Bruce Johnson,
801 Eighth Street, Suite 220
Greeley, CO 80631
AUTHORIZED c/o Clifford and Paul Clift
AGENT: 2001 Fern Avenue
Greeley CO 80631
REQUEST: A Planned Unit Development for twenty-two(22) residential Lots and 35 acres of
Common Open Space (Appaloosa Acres Estates)
LEGAL: Lot 15C; Fourth Replat of Gilbaughs Appaloosa Acres; being in the W2 SW4 of
Section 33, T7N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to CR 74; Approximately 1000 feet east of CR 41.
ACRES: 60.5 +/-
PARCEL NUMBER: 0709-33-001026
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 . The approved Conditions of Approval will ensure that the twenty
standards which are outlined in this section are met. 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.An approved on site improvements agreement will be required prior
PF-1020,Appaloosa Acres Estates PUD,page 1
to recording the plat.All other Performance Standards have been addressed prior to the Final
Plan. The applicant has met the twenty performance standards as delineated in Section 27-2-
10 regarding access, buffering and screening, bulk requirements, circulation, etcetera, with
the lone exception of a deviation of the minimum lot size in the Estate Zone District for the
twenty-two (22) proposed residential lots, from a minimum of 2.50 acres to the proposed
average lot size of 1.00 acres.The Conditions of Approval and Development Standards ensure
compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code.
C. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the
existing or future development of the surrounding area as permitted 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 does not lie within an Urban Growth Area
or an Intergovernmental Agreement Area. The applicant is proposing an Urban Scale
Development as approved by the Board of County Commissioners on February 3, 2004.
Weld County's Right To Farm has been attached to the Final Plat thus informing any new
residents that the area of the surrounding community is agricultural in nature. This proposal
is located within the referral boundary of the Town of Eaton which returned a favorable referral
indicating no conflict with their interests. The Department of Planning Services believes that
the granting of this PUD Final Plan will have a minimal impact on the surrounding land uses.
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. Appaloosa Acres Estates PUD
will be serviced by North Weld County Water District for their potable water supply. A non-
r" potable water supply for the irrigation of the open space is obtained via the two shares of
Larimer Weld Irrigation Company water. Individual Sewage Disposal Systems (I.S.D.S.),
septic systems will handle the effluent flow.
E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. The Weld County Public Works
Department reviewed this request and indicated no conflict with the proposed plan. The
applicants have submitted an Improvements Agreement According Policy Regarding Collateral
for Improvements (Public Road Maintenance). A finalized Improvements Agreement will be
required prior to recording the plat and accepted by the Board of County Commissioners.
F. Section 27-7-40.C.6 — In the event the street or highway facilties 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 Weld County Public Works Department has made
provision for appropriate means of access to the lots contained within this PUD.
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. The property is not within the
designated floodplain as delineated on FIRM Community Panel Maps 080266 0486 C and
080266 0487 C dated September 28, 1982.
H. Section 27-7-40.C.8--/f 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
PF-1020,Appaloosa Acres Estates PUD,page 2
guide.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
1. Prior to Recording the PUD Final Plat:
A. The Board of County Commissioners shall review and approve the signed and dated
Improvements Agreement According to Policy Regarding Collateral for Improvements(Public
Road Maintenance) including the form of collateral. The security for the Agreement shall be
tendered and accepted by the Board of County Commissioners.(Department of Public Works,
Planning Services.)
The Public Works Department in their referral dated March 4, 2005 states the agreement
(Improvements Agreement According to Policy Regarding Collateral for Improvements, Public
Road Maintenance) must be amended and resubmitted to more specifically detail the
improvements, quantities, unit costs and estimated construction costs by supplying a
validated contractor estimates. This request is based on the seemingly low estimated costs
shown on Exhibit "A". Contractor estimates submitted to Public Works should be on the
Contractor's letterhead with a contact person, telephone number and address. The
improvements this department is interested in include: site grading, street grading, street
base, street paving, culverts, storm sewer facilities (weirs), and retention/detention ponds.
The applicant shall also include costs associated with erosion control, lot access culverts, 10-
inch PVC pipe, rip-rap, street signing, and detention pond flap gates.
The Department of Planning Services requests an itemized accounting of the Landscape and
Trail Improvements for review and approval. (Department of Public Works,Planning Services)
B. The Restrictive Covenants for Appaloosa Acres Estates PUD shall be approved by the Weld
County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder.
The document shall be submitted to the Department of Planning Services accompanied with
the appropriate recording fee(six(6.00)dollars for the first page and five(5.00)dollars for each
subsequent page).
Within the document entitled "Restrictive Covenants for Appaloosa Acres Estates PUD,
Section 26, page 9 of this document states, in part "...any other activity which will interfere
with the construction, maintenance or function of the leach fields shall be restricted over the
absorption field areas while in use." This specific language implies that the unused septic
envelope can be used for those activities until needed. The Department of Public Health and
Environment requests that the covenant language state that the secondary envelope be
preserved for future use. The Department of Public Health and Environment requests that this
language be amended. (The Department of Public Health and Environment and Planning
Services)
C. The applicant shall submit a Certificate from the Secretary of State showing that the Home
Owners Association (HOA) has been formed and is registered with the State of Colorado.
PF-1020,Appaloosa Acres Estates PUD,page 3
Written evidence of such shall be submitted to the Department of Planning Services.
(Department of Planning Services)
D. The Declaration of Covenants, Conditions and Restrictions for Appaloosa Acres Estates PUD
Homeowners Association discuss Leola Way maintenance, but do not discuss proposed
Leola Way as shown on the final plans. The applicant must address the homeowner's
association responsibility for maintenance and snow removal of the internal subdivision
roadway, Leola Way. Weld County does not maintain unpaved subdivision roadways.
(Department of Public Works)
E. The applicant shall submit an 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)
F. The Plat shall be amended to include the following:
1. The Plat shall be prepared in accordance with Section 27-9-20 of the Weld County
Code. (Department of Planning Services)
2. All sheets of the plat shall be labeled with the case number, PF-1020.
3. The most recent version of"Weld County's Right to Farm" as provided in Appendix
22-E of the Weld County Code shall be placed on any recorded plat. (Department of
Public Health and Environment)(Department of Planning Services)
4. Primary and secondary septic system envelopes shall be designated on the plat.
Each envelope must meet minimum current setbacks as specified in the Weld County
Individual Sewage Disposal System Regulations. (Department of Public Health and
Environment)
5. The Landscape Plan and Maintenance Schedule as approved by the Department of
Planning Services. The Landscape Plan shall adhere to the requirements of Section
27-6-60 of the Weld County Code.The Landscape Plan shall be delineated in a legible
font for all call-outs with the Plant Material List including Botanical Name, Common
Name, Species as applicable, Size of material and whether it is can or Balled &
Burlap(B&B). (Department of Planning Services)
6. The location and dimension of the bus pull-off/ pull-out area and bus shelter as
required by the Eaton School District, RE-2 and the Weld County Sheriffs Office.
(Department of Planning Services)
7. The location of the multiple box mail delivery unit as stipulated by the Eaton Post
Office in their letter to the applicant dated July 20, 2004. (Department of Planning
Services, US Postal Service, Eaton Office)
8. The location of the subdivision sign. (Department of Planning Services)
9. The subdivision monument sign shall be located outside of the sight-distance-
triangles. (Department of Public Works)
PF-1020,Appaloosa Acres Estates PUD,page 4
10. The location of the residential fire hydrants, spaced 600 hundred feet on center. No
residential structure shall be 300 feet from the hydrant. (Eaton Fire Protection
District)
H. The applicant shall address the concerns and recommendations of the Utility Board as stated
at the February 10, 2005 hearing, specific to providing additional utility easements.
The Utility Board requested an additional twenty(20)foot wide easement adjacent to CR 74,
with a second easement around the entire parameter of the area adjacent to CR 74 and the
property perimeter. Further, the Utility Board requested that the twelve (12) foot bridle path
and utility easement note be delineated in all places on the Final Plat. (Department of
Planning Services, Utility Board)
The applicant shall specify the Home Owner's Association method of trail, open space and/or
landscape maintenance in accordance with the approved Landscape Plan. (Department of
Planning Services)
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 PUD shall consist of twenty-two (22) residential Lots and 35 acres of Common Open
Space. The Change of Zone allows for Estate Zone District bulk requirements, except for the
minimum lot size, as indicated in the application materials on file in the Department of
Planning Services and subject and governed by the Conditions of Approval stated hereon and
all applicable Weld County Regulations. (Department of Planning Services)
B. Water service shall be provided by the North Weld County Water District. (Department of
Public Health and Environment)
C. 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)
D. Primary and secondary septic envelopes shall be placed on each lot. All septic system
envelopes must meet all setbacks, including the 100-foot setback to any irrigation ditch.
(Department of Public Health and Environment)
Language for the preservation and/or protection of the second absorption field envelope shall
be placed on all recorded plats and in the development covenants. The covenants shall state
that activities such as permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the absorption field site. (Department of Public Health and
Environment)
E. The applicant shall obtain a storm water discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and the Environment. Silt fences shall
be maintained on the down gradient portion of the site during all parts of the construction
phase of the project. (Department of Public Health and Environment)
esk
F. During development of the site, all land disturbances shall be conducted so that nuisance
PF-1020,Appaloosa Acres Estates PUD,page 5
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)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions. (Department of Public Health and Environment)
H. 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)
A Home Owner's Association (HOA) shall be established prior to the sale of any lot.
Membership in the HOA is mandatory for each parcel owner. The HOA 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)
J. The site shall maintain compliance at all times with the requirements of the Weld County
Department of Public Works, Weld County Department of Public Health and Environment, and
the Weld County Department of Planning Services. (Department of Planning Services)
K. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
/'3/4,
L. Weld County's Right to Farm, as stated in Chapter 22 of the Weld County Code shall be
recognized at all times. (Department of Planning Services)
M. A separate building permit shall be obtained prior to the construction of any building. Permits
are required for any sign, bus shelter or access gate, if provided. (Department of Building
Inspection)
N. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two(2)complete sets of plans are required when applying for
a permit. (Department of Building Inspection)
O. Buildings shall conform to the requirements of the various 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
International Plumbing Code,2003 International Fuel Gas Code;2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
P. Each building will require an engineered foundation based on a site-specific geo-technical report
or an "open hole" inspection conducted by a Colorado Registered Professional Engineer.
Engineered foundations shall be designed by a Professional Engineer registered in the State
of Colorado. (Department of Building Inspection)
Q. Building height shall be measured in accordance with the 2003 International Building Code for
the purpose of determining the maximum building size and height for various uses and types
of construction 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
PF-1020,Appaloosa Acres Estates PUD,page 6
Weld County Code in order to determine offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projectionj 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. Any signs located on the property shall require building permits and adhere to Section 27-6-90
of the Weld County Code. (Department of Planning Services)
S. The property owner shall be responsible for complying with all regulations and requirements of
Section 27 of the Weld County Code including the Performance Standards listed in Article II
and Article VIII. (Department of Planning Services)
T. 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)
U. Weld County Government 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)
V. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
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 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 submission of the PUD Final Plan. The Board
may extend the date for the submission of the PUD Final Plan application and shall annually
require the applicant to demonstrate that the PUD has not been abandoned. If the Board
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 of County Commissioners may, at a public hearing revoke the PUD Zone District and
order the recorded PUD Zone District reverted to the original Zone District. (Department of
Planning Services)
3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper
copies the applicant shall submit a Mylar plat along with all other documentation required 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. The plat shall be prepared in accordance with the requirements
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty
(30) days from the date the Administrative Review was signed. The applicant shall be responsible for
paying the recording fee.
4. Prior to the release of any building permits:
A. The applicant shall supply the designated street signs and stop signs at the appropriate
location. (Department of Public Works)
PF-1020,Appaloosa Acres Estates PUD,page 7
B. The applicant shall supply evidence to the Department of Planning Services that all
requirements of the Eaton Fire Protection District have been met. (Department of Planning
Services, Building Inspections & Eaton Fire Protection District)
C. 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)
D. The applicant shall supply and post the required signs addressing the non-potable water
source. All spigots utilizing non-potable water shall be posted at all times. The language for
each sign shall state: "This water has not been treated and is not safe for drinking or cooking
purposes."
PF-1020,Appaloosa Acres Estates PUD,page 8
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
I"l
918 10TH STREET
C. GREELEY, COLORADO 80631
COLORADO January 27, 2005
Clifford Clift
Appaloosa Acres
2001 Fern Ave
Greeley CO 80631
Subject: PF-1020- Request for approval of a PUD Final Plat for a 22 Estate Lot residential
development outside of an IGA and UGB on a parcel of land described as Lot 15C; Fourth
Replat of Gilbaughs Appaloosa Acres; being in the W2 SW4 of Section 33, T7N, R65W of the
6th P.M., Weld County, Colorado
Dear Mr. Cliff:
Your application and related materials for the request described above are complete and in order at the
present time.
A representative from the Department of Planning Services will be out to the property to post a sign
adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,
and location. In the event the property under consideration is not adjacent to a publicly maintained road
right-of-way, one sign will be posted in the most prominent place on the property and post a second sign
at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Board of County Commissioners. It is the responsibility of the applicant to contact the
Department of Planning Services office a few days before the date of the hearing to obtain that
recommendation.
If you have any questions concerning this matter, please feel free to call me.
Sincerely,
K:1--Cim
O
Planner
2005-0938
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS MARCH 15, 2005 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR PF-1020 IN THE AGRICULTURAL ZONE DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this tfinday of /00,6n , 2005
WITNESS my hand and official seal.
aa
Notary Public
My Commission Expires:
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