HomeMy WebLinkAbout20030174 DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax#(970)304-6498
MINOR SUBDIVISION CHANGE OF ZONE APPLICATION
App. Ch'd By: Case Number:
App. Fee: Receipt Number:
Record. Fee: Receipt Number:
Planner Assigned to Case:
TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature.
I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the
Weld County Board of County Commissioners concerning the proposed Change of Zone for the following
described unincorporated area of Weld County, Colorado:
LEGAL DESCRIPTION:
(If additional space is required, attach an additional sheet)
PropertyAddress(if available): NF Corner WCR 13 & R4
Present Zone AG Proposed Zone F STATE Total Acreage 7a6
Overlay Districts(if applicable) none
SURFACE FEE (PROPERTY OWNERS)OF AREA PROPOSED FOR CHANGE OF ZONE:
Name: Timothy P R I ica C Rrniigh Home Telephone#: 970-227-8776
Address: 41 112 WCR 13 Bus.Telephone#:
Fort Collins , CO 80521
Name: Home Telephone#:
Address: Bus.Telephone#:
APPLICANT OR AUTHORIZED AGENT(if different than above)
Name: Tony Evans, P.E. Home Telephone#: 970-381-8878
Address: PO Box 94 Bus.Telephone#: 970-506-8920
Greeley, CO 80632
Signatur Owner or Authorized Agent
Revised: 5-21-01
EXHIBIT
12
2003-0174
r
October 24,2001
To:Weld Co Dept of Planning and Zoning,
We the undersigned,do hereby authorize Tony Evans of Elite Consulting,Greeley,Colorado to act as our
agent concerning a development proposal on Lot B of Recorded Exemption No.0705-6-3-RE1911,part of
the SW /.of Section 6,Township 7,North,Range 67 West,of the 6`°P.M. Weld County,Colorado.
ayRBroug
Lisa C Stough
•
Elite Consulting, Inc.
P.O. Box 94 Greeley, CO 80631
970-381-8878, fax 970-378-0867
September 23, 2002
Mr. Kim Ogle, Planner II
Department of Planning Services
Weld County Colorado
1555 N. 17th Ave
Greeley, CO 80631
970-353-6100 x3540
RE: Change of Zone Application for Pheasant Crest Estates.
ECI#MMI-001
Dear Mr. Ogle;
Please accept the enclosed 19 packets for the Change of Zone of a new subdivision in
Weld County called Pheasant Crest Estates. Included in this package is the Change of
Zone application form, a reduced copy of the Change of Zone plat, Change of Zone
questionnaire(in narrative), copy of title, Weld County Road Access information sheet,
affidavit of mineral owners, copy of letters to mineral owners, water supply agreement,
improvement agreement for WCR 13, list of property owners within 500 feet, soils report
and the Change of Zone plat along with this narrative. Also included is a check for
$1,100.00 to the Dept. of Planning Services for the application fee and a check for $60.00
to the Clerk to Board for legal notice.
Pheasant Crest Estate is located in the SW Vt of Section 6, Township 7 North, Range 67
West of the 6th P.M., Weld County, Colorado. More particularly it is located North of
Weld County Road (WCR) 84 and East of WCR 13. WCR 13 is the westerly edge of
Weld county adjacent to Larimer County in Colorado. The Water Supply and Storage
Company ditch borders the property to the north.
The property is owned by Timothy R. and Lisa C. Brough and is 74.63 acres more or less
in size. The ground is currently in pasture grass and mowed for maintenance. Cattle
graze portions of the area as not to destroy the natural vegetation. Cattails exist on a
portion of the eastern half of this site. The only improvements to this site are the
Brough's residence and outbuildings. The ground has not been farmed for several years.
Pheasant Crest Estates is a large lot subdivision with an internal paved roadway, 26 feet
in width, and covenants to control its development. The lots range in size from 3.11 to
17.93 acres with direct access to the new paved roadway. Domestic water will be
provided by North Weld County Water District and sanitary sewer will be septic. There
Pheasant Crest Estates Change of Zone Page 1
are no radiation hazards, floodplain, geologic hazards or airport overlay districts known
to impact this property.
The Brough's wish to split their property into 9 lots as an estate residential community.
This community will consist of 6 lots ranging from 3.11 to 4.66 acres in size. Lot
number 7 is the existing residence of the Brough's. Lots 8 and 9 are larger acreages with
lot 8 to be reserved for a future home site for the Brough's. All lots will access the
internal roadway, which connect to the paved WCR 84. Please see the attached sketch
plan for the layout of the proposed lots.
As you can see, the Brough's wish to consolidate the development to the northernmost
portion of this property. This creates a subdivision where more than half the property is
in 3 large lots that will be maintained primarily as open space. Covenants will be set to
control the development of the estate lots as not to allow modular homes to be placed and
maintenance of the lots will be enforced. The internal roadway is proposed to be paved
as the Brough's intend to create a subdivision where people will be proud to live in Weld
County.
MINOR SUBDIVISION CHANGE OF ZONE QUESTIONAIRE
I. How is the proposed Rezoning consistent with the policies of the Weld County
Code, Chapter 22? If the proposed rezoning is not consistent with the Weld
County Code, explain how the proposed rezoning will correct what the
applicant perceives as faulty zoning, or how the proposed rezoning will fit
what the applicant perceives as the changing conditions in the area.
Weld County Code, Chapter 22, A.Goal 1 —"Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture." This
subdivision site is designated as"Prime" by the USDA Soil Conservation Service and
Colorado State University Cooperative Extension Service. The present use of the
land is pasture. The large lot configuration of this subdivision will allow for pasture
and open space.
A.Goal 3 —"Discourage urban scale residential, commercial, and industrial
development which is not located adjacent to existing incorporated municipalities."
This site is not adjacent to an existing municipality. Chapter 23 of the Weld County
code defines non-urban scale development as developments comprising of nine or
less residential lots, located in a non-urban area as defined by Section 22 of the Weld
county Code, not adjacent to other PUD's, subdivisions, municipal boundaries or
urban growth corridors. This subdivision is a non-urban scale residential
development in Weld County.
P.Goal 2 —requires adequate facilities and services to assure the health, safety and
general welfare of the present and future residents of Weld County. Public water will
be supplied by North Weld County Water District in sufficient quantity, quality and
dependability for the subdivision and fire protection. A copy of the water districts
committal letter and Water Service agreement are included. Also a copy of the letter
from the Office of the State Engineer, Division of Water Resources stating that the
Pheasant Crest Estates Change of Zone Page 2
water supply is adequate along with the approval from Lee Morrison, Weld County
attorney. Weld County Department of Public Health and Environment has indicated
that this minor subdivision has satisfied Chapter 24 in regard to water and sewer
service. Sewer service will be provided by individual septic systems.
2. How will the uses allowed by the proposed rezoning be compatible with the
surrounding land uses? Include a description of existing land uses for all
properties adjacent to the subject property.
There is a single-family residence adjacent to the property to the north and another to
the east, with another east and south of WCR 84. To the south are two single-family
residences, one adjacent and another across WCR 84. To the west is a dairy with
several residences on it. With in a mile or two there are several rural subdivisions,
both in Weld County and Larimer County. Farmland surrounds the property other
than residences.
3. Will the property use a septic system or public sewer facilities?
Septic systems will be used for each individual lot.
4. Who will provide adequate water, including fire protection, to the property?
North Weld County Water District will provide water and fire protection to the
property. Please refer to the attached Water Service Agreement.
5. Does the property have soils with moderate or severe limitations for
construction? If yes, the applicant shall submit information which
demonstrates that the limitations can be overcome.
The only limitation for construction on this property is a high water level near the
southern portion of the property. A note is placed on the Change of Zone plat and
will be placed on the Final plat that reads: "This lot may not accommodate full depth
basements" which is placed on 2 lots.
6. Is the road and/or highway facilities providing access to the property(ies)
adequate to meet the requirements of the proposed zone district? If not, the
applicant shall supply information demonstrating the willingness and
financial capability to upgrade the road and highway facilities.
The internal roadway is adequate for this new subdivision. Weld County Public
Works Department has stated that WCR 13 will be impacted by this development.
Please refer to the enclosed `Agreement for Improvements for WCR 13', which
allows for improvements to WCR 13.
7. Is there a sand, gravel, or other mineral resource on or under the subject
property? If so, the applicant shall provide a mineral resource statement
prepared by a certified geologist or other qualified expert. The statement
shall indicate the estimated quantity of resources and the economic feasibility
Pheasant Crest Estates Change of Zone Page 3
of recovery, now and in the future, of the resource(s) so that the Planning
Commission and board of County Commissioners can determine whether a
commercial mineral deposit is contained on or under the subject property(ies)
as defined by Colorado Revised Statute.
A geotechnical investigational study shows no sand, gravel or other mineral resource
on or under this property. Please refer to the attached soils report.
8. Is the change of zone area located in a Flood Hazard Overlay District?
No.
9. Is the change of zone area located in a Geologic Hazard Overlay District?
No.
la Is hi change of zone area located in the AP (Airport) Overlay District?
No.
I would like to address the comments from the Sketch plan application submittal per each
referral as follows:
Department of Planning Services
Lots are less than 20 acres in size per the Estate zoning code. 60 foot of right-of way will
be dedicated at time of final plat. A letter is included from The Windsor School district.
We will determine if this project is subject to the Windsor Road Impact Program at time
of final plat. A homeowners Association will be established before residences are sold.
"Weld County's Right to Farm" will be incorporated in to the covenants. Larimer
County Planner, Rob Helnik, has no comments on development of this property. Letters
have been sent to all mineral owners of this property with no response.
A water agreement, with Northern Weld County Water District, has been approved by
Lee Morrison. Building setbacks are defined on the change of zone map. Septic
envelopes are defined on the map. Existing house and poultry septic systems are located
on the map. The Fort Collins post office has said they would allow individual mailboxes.
The Drainage report will be provided with the final plat submittal. Fire protection is OK,
we will confirm the fire protection for the existing house with the final plat. All signage
and monumentation will be consistent with Weld County codes and approved with the
final plat.
The final plat will dedicate an additional 10' of right-of-way to WCR 13 as per Larimer
County Planning. In the letter to Larimer County, we show how this is not possible at the
existing structures of the property. Attached is also an agreement for improvements to
WCR 13 from Highway 14 to WCR 84.
r--
Department of Public Works.
Pheasant Crest Estates Change of Zone Page 4
We met with Drew Scheltinga on March 29, 2002. We discussed that if the internal
roadway is paved than Weld County will maintain it. Drew gave us a"boiler plate' road
improvement agreement. The internal roadway shall be 11 foot drive lanes with 2-foot
shoulders for a total of 26-feet in width. The new layout with access from WCR 84
addresses Drew's concerns. A new drainage study will be completed with the final plat.
Please refer to the letter sent to Drew March 29, 2002. The road improvement agreement
for WCR 13 is also included.
Weld County Health Department
We met with Pam Smith on March 29, 2002. Pam requested that we show the septic
absorption field envelope and a second septic absorption field on the map. Each lot will
have to do their own soils and percolation tests to build on the site. The soils tests
provided show the pavement sections needed for the internal roadways and that the soil is
compatible for septic systems. Please refer to the letter sent to Pam March 29, 2002.
Weld County Sheriff
The referral comments are very helpful in the final design of this subdivision and will be
coordinated with the final plat.
Poudre Fire Authority
All items have been addressed in their letters dated November 20,2001 and June 17,
2002. The emergency access for the fire department will connect to WCR 13 per the
request of the Poudre Fire Authority. North Weld County Water District will be
installing the water lines for fire protection of this property. Please refer to their
agreement.
Department of the Army
No permit required.
Colorado Geological Survey
The referral comments are very helpful in the final design of this subdivision and will be
coordinated with the final plat.
Office of the State Engineer
The referral comments are very helpful in the final design of this subdivision and will be
coordinated with the final plat.
The Water Supply and Storage Company
We have verbally agreed on all conditions to satisfy the ditch company, but the ditch
company will not sign an agreement at this time. We are submitting this agreement on
the recommendation of Kim Ogle, Weld County Planner, without the signed agreement.
Poudre Valley REA.
We have been in contact with Terry Fielding of Poudre Valley REA (PO Box 27250 Fort
Collins, CO 80527-2550, 970-282-6434) and are working on a contract for electric
service to this project.
Pheasant Crest Estates Change of Zone Page 5
North Weld County Water District
Met with Alan Overton on April 17, 2002. Please refer to the attached Water Service
Agreement.
Windsor School District
The cash in lieu payment of$1,214.51 per lot (total of$9,716.56 for 8 lots)will be paid
at time of building permit for each lot. The school district stated that the bus route travels
south on WCR 13 to WCR 84 and then east on WCR 84. They will stop on the south
side of WCR 84 at Pheasant Crest Drive to pick up the kids for school.
Larimer County
Please refer to the letter sent to Roxann Mackenzie Hayes, P.E. for the impact on WCR
13.
OWEST
We have been in contact with Carol Vessey with QWEST (3351 Eastbrook Dr. fort
Collins, CO 80525, 970-377-6406) and are working on a contract for telephone service to
this project.
EXCEL Energy
We have been in contact with Paul of EXCEL (970-225-7828) and are working on a
contract for gas service to this project.
Post Office.
We have been in contact with Linda Poccio and Michael Spengal of the Fort Collins Post
Office(970-225-4130, rural route 4). Michael said they will deliver to each lot on
Pheasant Crest Drive and would like a copy of the address map from Weld County.
I hope this helps with the re-review of the Change of Zone Application for Pheasant Crest
Estates. Please feel free to contact me for additional information. Thank you for your
time and cooperation.
God Bless America
oca
Tony Evans, P.E.
Elite Consulting, Inc.
r
Pheasant Crest Estates Change of Zone Page 6
AGREEMENT FOR IMPROVEMENTS FOR WCR 13
THIS AGREEMENT is made and entered into this day of
by and between Tim and Lisa Brough hereinafter
referred to as"Developer", with an address of 6255 WCR 74 Windsor, Weld County
Colorado, and the County of Weld, State of Colorado, by and through the Board of
County commissioners of Weld County, Colorado, hereinafter referred to as "County",
with offices located at 915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Site Specific
Development Plan and Subdivision Final Plat for 9 lots for Pheasant Crest Estates
hereinafter referred to as the Development, and
WHEREAS, WCR 13 from State Highway 14 to WCR 84, hereinafter referred to
as"the road", will need paving in part due to the increased traffic generated by the
Development, a distance of approximately one mile, and
WHEREAS, WCR 13 abuts the Development north of WCR 84 and impacts
WCR 13 south of WCR 84, and
WHEREAS, the average daily trip anticipated from the Development will
constitute 27% of the traffic on the road, and
WHEREAS, the proportional costs of paving the road attributable to the traffic
generated by the lots in the development using the road, is estimated to be $11,812.50.
This number is from an estimated road improvement cost of$350,000.00 in which the
Development impacts the road 27% or is responsible for $94,500.00. The 27% will be
spread over 8 lots in the subdivision as there is an existing home owned by the Developer
on the property for $11,812.50 per lot.
NOW, THERFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follow:
1. TERM
A. The term of this agreement shall be from the date first written above to the
completion of paving the road and final accounting by County and
payment of all land development charges by the Developer for the 8 lots
accessing the road, or five years if WCR 13 is not paved.
2. OBLIGATION OF THE COUNTY
A. Weld County plans to pave, within five years of the date first written
above, the road at a current estimated cost of$350,000.00. The paving
improvements are anticipated to be for 12 travel lanes with 4 foot
shoulders designed in accordance with generally accepted engineering
practices but the actual design shall be at the discretion of Weld County.
B. Design, construction, and maintenance of the portion of road shall be the
responsibility by the County.
C. County must compete paving the road within five years of the date first
written above or forfeit all rights to the land development charges, which
are the obligation of the Developer whether already in escrow or
remaining to be paid.
D. Weld County shall perform a final accounting once paving is complete
and may collect from the escrow account (or from the developer if the
amount in the escrow is insufficient to satisfy developer's obligation) up
to 27% of the total cost of paving WCR 13. A traffic count will be taken
on WCR 13 prior to paving WCR 13. If the percentage of traffic
generated by the development is less than 27%, the County shall adjust the
percentage charged to the developer proportionately. Any amount which
must be collected from the developer which is not paid within 45 days of
final accounting shall assessed interest in the amount of 8% annually.
3. OBLIGATIONOF THE DEVELOPER
A. Developer agrees to pay the amount of$11,812.50 per each lot (8 lots)
impacting the road. The actual amount to be determined in accordance
with paragraph 2.D.
B. The Developer agrees to escrow monies as follows. At the sale of the first
lot $5,000.00, at the sale of the second lot $5,000, at the sale of the third
lot $5,000, at the sale of the fourth lot $7,500 at the sale of the fifth lot
$7,500, at the sale of the sixth lot $10,000, at the sale of the seventh lot
$10,000, at the sale of the eighth lot $44,500. The escrow account shall be
set up according to paragraph 4 herein.
C. The Developer shall not be released form this obligation unless county
does not pave the road with the time frame set forth in paragraph 2.C
herein. In no event shall Developer's obligation under this agreement
exceed $94,500.00 subject to adjustment to a higher or lower figure from
the dates describe in paragraph 2.D.
4. ESCROW AGREEMENT, the terms of which will be subject to review by the
County, that provides at least the following:
A. The cash in escrow when fully funded is $94,500.00.
B. The escrow agent guarantees that the escrowed funds will be disbursed
according to the terms of this agreement and will not release any portion
of the funds without prior written approval of the Weld County Board of
County Commissioners.
5. SEVERABILITY
If any term or condition of this agreement shall be held to be invalid, illegal,
or unenforceable, this agreement shall be construed and enforced without such
provision to the extent that this agreement is then capable of execution within
the original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that the enforcement of the terms and
conditions of this agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing
in this agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this agreement. It is the express intention
of the undersigned parties receiving services of benefits under this agreement
shall be an incidental beneficiary only.
7. MODIFICATIONAND BREACH
This agreement contains the entire agreement understanding between the
parties to this agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, notation, renewal, or other alteration of or to this agreement shall
be deemed valid or of any force or effect whatsoever, unless mutually agreed
upon in writing by the undersigned parties. No breach of any term,
provisions, or clause of this agreement shall be deemed waved or excused,
unless such waived or consented. Any consent by any party hereto, or waiver
of, a breach by any other party, whether express or implied, shall not
constitute a consent to waiver of, or excuse for any other different of
subsequent breach.
8. NO WARRANTY
Neither County nor Developer, by virtue of their entering into this agreement
and upon their promises to perform the work described herein, make
warranties, either express or implied, that the improvement work and/or
maintenance of these roads meet standard other than those generally required
for counties and cities of the size and type similar to county.
9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
IN WITNESS WHEREOF the parties hereto have signed this agreement this
day of
By:
Timothy R. Brough, Developer
By:
Lisa C. Brough, Developer
COUNTY OF WELD, STATE OF
COLORADO, by and through the
Board of County Commissioners of
Weld County
By:
Clerk to the Board Glen Vaad, Chairman
APPROVED AS TO FORM:
County Attorney
r
elite consulting, inc.
p.o. box 94 geeley, co 80631
970-381-8878, fax 970-378-0867
March 29, 2002
Drew Scheltinga, P.E.
Engineering Manager
Weld County Public Works
PO Box 758
Greeley, CO 80632
970-356-4000 x3750
RE: Re-submittal of Sketch Plan Application for Pheasant Crest Estates
ECI#MM-001
Dear Mr. Scheltinga:
In your meeting today we discussed the re-submittal of a Sketch Plan Application for a
new subdivision called Pheasant Crest Estates. Pheasant Crest Estates 74 acres in size is
located in the northeast corner of Weld County Roads(WCR) 13 and 84. This is a 9 lot
subdivision with estate zoning.
We discussed the internal roadway should be 26 feet in width and may be gravel or
paved. You mentioned that if the internal roadway was paved that Weld County would
assume maintenance of it. A stop sign and road name sign would be required for this
roadway.
In the original Sketch Plan Application you gave several comments to the layout of this
subdivision. I showed you the new layout for this project and you said that this layout
addresses all of your concerns from the original Sketch Plan Application. We decided to
discuss offsite road improvement agreements at the time of Change of Zone, and you
gave me a boilerplate road improvements agreement to review.
This letter describes my understanding of our conversation about Pheasant Crest Estates.
Please notify me if you can think of anything that may be relevant to this re-submittal of
the Sketch Plan Application for Pheasant Crest Estates. Thank you for your time and
cooperation.
God Bless America
Tony Evans, P.E.
Elite Consulting, Inc.
Q
elite consulting, inc.
p.o. box 94 greeley, co 80631
970-381-8878, fax 970-378-0867
March 29, 2002
Pam Smith
Weld County Department of Public Health and Environment
1555 N. 17t Ave.
Greeley, CO 80631
970-304-6415 x2211
RE: Re-submittal of Sketch Plan Application for Pheasant Crest Estates
ECI#MM-001
Dear Ms Smith:
In your meeting today we discussed the re-submittal of a Sketch Plan Application for a
new subdivision called Pheasant Crest Estates. Pheasant Crest Estates 74 acres in size is
located in the northeast corner of Weld County Roads(WCR) 13 and 84. This is a 9 lot
subdivision with estate zoning.
We discussed the existing septic permits on this property and their function. Permit SE-
9600086 is for the existing single family residence on the property. Permit G19900021 is
for a poultry plant designed to handle 250 birds per day while the owner raises 2000 -
3000 pheasants per year for his sport hunting club. This septic system is located north of
the pheasant pens east and south of his home.
You requested that we show the approximate size and location of the septic system
envelope for each proposed lot and a secondary absorption field envelope. You stated
that language would need to be placed on the final plat for this septic systems and
secondary absorption fields. Lastly you requested additional percolation tests to get a
better understanding of the soil profiles and percolation for the entire site.
This letter describes my understanding of our conversation about Pheasant Crest Estates.
Please notify me if you can think of anything that may be relevant to this re-submittal of
the Sketch Plan Application for Pheasant Crest Estates. Thank you for your time and
cooperation.
God Bless America
Tony Evans, P.E.
Elite Consulting, Inc.
o/c
EDUCATION FOR LIFE
Brian L Lessman
Superintendent of Schools
October 15, 2001
Mr. Tony Evans
P.O. Box 94
Greeley, CO 80631
Dear Tony:
This letter will confirm that property located in Section 6, Township 7 North, Range 67
West is in the Weld County Re-4 (Windsor) School District. If you have any questions,
please feel free to contact this office.
r
Sincerely,
4ja ati
Valerie Scheffer
Secretary to the Superintendent
:vs
WELD COUNTY SCHOOL DISTRICT RE-4
1020 Main Street • P.O. Box 609 • Windsor, CO 80550 • (970) 686-7411 • Fax (970) 686-5280
Hello