HomeMy WebLinkAbout20013033 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 APPLICANT: (Print or type only except for required signatures).
I (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: Lot B RE-2527 Pt. SW 'A 10-04-65
(If additional space is required, attach an additional sheet of this same size, or a copy of the deed)
PARCEL NUMBER: 1055 10 000042 (12 digit number-found on TAX I.D. or obtained at the
Assessor's Office)
NAME OF PROPOSED PUD SUBDIVISION Latham View Estates
EXISTING ZONING Agricultural PROPOSED ZONING Estate/Open Space
TOTAL ACREAGE 45.029 acres OVERLAY DISTRICTS Airport
PROPOSED DEVELOPMENT GUIDE SUBMITTAL(Specific or Conceptual)
Specific Development Guide
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME Dave Keiser PHONE
ADDRESS 3Z2-o Oa(e_kcal,I ( Vow Go ovt>:v - `il(
NAME Mike Sigg_ PHONE
ADDRESS
APPLICANT OR AUTHORIZED AGENT (if different from above*)
NAME TODD HODGES DESIGN, LLC
ADDRESS 2412 Denby Court Fort Collins, Colorado 80526
HOME TELEPHONE NA BUSINESS TELEPHONE (970) 207-0272
* if agent is different from the property owner,please submit written documentation from the
property owner authorizing said agent to represent the owner.
Signature: owner r Authorized Agent Signature: owner or rized Agent
EXHIBIT
2001-3033 1
8
To Whom It May Concern:
Please be advised that we, Dave Keiser and Mike Sigg hereby authorize Mr. Todd
Hodges of Todd Hodges Design, LLC, to represent us in our endeavor to subdivide our
property located in the W 1/2, SW 1/4 10-04-65 west of the 6th P.M., Weld County,
Colorado.
Dave Keiser Mike Sigg
Response to Department of Planning Services &
Referral Agency Sketch Plan Comments
Latham View Estates
The following statements are intended to address each of the specific County regulations, goals and
policies as outlined in the November 9, 2000 letter from the Weld County Department of Planning
Services.
ADHEREANCE TO THE WELD COUNTY COMPREHENSIVE PLAN GOALS AND POLICIES
A.Goal 1 — "Preserve prime farmland for agricultural purposes which foster the economic health and
continuance of agriculture" — The Weld County Comprehensive Plan indicates in A.Goal 9 that 80
acres is considered the minimum lot size needed to retain a viable farming operation. The subject parcel
is 45.029 acres in size and the northern portion of the property is primarily classified as "irrigated land
non prime"farmland on the Important Farmlands of Weld County map. While the southern portion of
the property is designated as prime, the property is not currently irrigated, nor can it be irrigated in the
future. The Central Colorado Water Conservancy District acquired the water from this property through
a "Dryup Covenant" recorded March 1, 1999 at Reception No. 2676547. It was determined that the
subject property was not productive farm ground and the water was removed, not to be replaced.
Additionally, the property is prone to soil erosion and is currently planted in oats as a means to minimize
such erosion. The applicant plans to work closely with the agriculture extension services to plant native
and/or drought tolerant grasses in order to prevent further erosion. Therefore, prime farmland will not
be removed from production.
A.Goal 3— "Discourage urban-scale residential, commercial, and industrial development which is not
located adjacent to existing incorporated municipalities."- This application proposes non-urban scale
development as defined by the Weld County Code.
P.Goal 2— "Require adequate facilities and services to assure the health,safety,and general welfare of
the present and future residents of Weld County." As indicated in the November 9, 2000 letter from the
Weld County Department of Planning Services, as well as the November 6, 2000 referral from the Weld
County Department of Public Health and Environment, the proposal has satisfied PUD Ordinance #197
with regard to water and sewer service. Evidence of pre purchased water taps from the Central Weld
County Water District is provided with the change of zone application materials. The minimum lot size of
over six acres greatly exceeds County minimum standards for Individual Sewage Disposal Systems, while
the Geotechnical Engineering Report prepared by Terracon indicates that soils are feasible for such
systems. Additionally, secondary absorption field envelopes have been delineated on the plat per the
request of the Health Department. Such absorption fields will also be preserved for future use in the
homeowner's association covenants.
It is the intent of the applicants to work on an agreement with the School District prior to submittal of the
Final Plan. It is evident from the referral agency responses that this proposal has little or no conflicts
with the interests of the referral agencies.
This proposal is in complete compliance with the Weld County Comprehensive Plan.
STREET/UTILITY/ACCESS STANDARDS
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TODD HODGES DESIGN, LLC
As requested in the Weld County Public Works Department referral dated September 1, 2000, a
preliminary drainage report has been included in the submittal materials. Additionally, the Final Plan
will delineate any existing right-of-way along Weld County Road 15 and an additional 10' reservation
along Weld County Road 43.
Section 2.1 —As provided for in Section 2.1 of the PUD Ordinance #197, the applicant requests that an
exception to paving the internal road be granted as this non-urban proposal contains only four (4) estate
residential lots and is not located within close proximity to other PUD's, subdivisions or municipal
boundaries. The applicant has the option of access from a non paved public road, however, this would
not be as sensitive as the proposed configuration as the current access is existing. Due to the minimal
traffic impact created by four estate residential lots, the Weld County Public Works Department is not
requiring a traffic impact study. The internal vehicular circulation is proposed to be facilitated by a 20-
foot gravel road with 4-foot gravel shoulders, constructed to Weld County Public Works Department
Standards. The proposed road meets the design standards and road classification for streets in Section
10 of the Weld County Subdivision Ordinance. There are not any off-street parking areas within this
proposal. The road is proposed to be constructed within a sixty foot (60) right-of-way.
A bus pick-up location has been delineated on Weld County Road 43 as requested by the Weld County
School District RE-1.
Although the Galeton Fire Protection District did not respond to the County's referral request, the
applicant fully intends to cooperate with the Fire District. The applicant has been in contact with the
Fire Protection District and the District's representative has indicated that a hydrant will not be required
for this development.
A designated road name will be delineated on the Final Plan. Street name and traffic control signage
will be provided by the applicant. Should a development identification sign be contemplated in the future,
such signage will adhere to the Weld County PUD and Zoning Ordinances and the applicant will obtain
the appropriate permits. Per the September 22, 2000 Weld County Sheriff's Office referral, a common
mailbox area has been delineated. Address identification and the illumination of such address
identification will be addressed in the homeowner's association covenants.
Section 2.6—Proposed utility easements comply with the standards of Section 10.6 of the Weld County
Subdivision Ordinance and will be reviewed Weld County Utility Advisory Committee.
OPEN SPACE/LANDSCAPING
PUD.Policy 4.2 and PUD.Policy 4.3- The proposal includes approximately 7.5 acres of common open
space, which equals 17% of the total acreage of the PUD. The open space is configured so that every lot
is adjacent and is readily accessible. The common open space also provides a buffer area encompassing
the perimeter of the entire site. The proposed common open space is to remain private under ownership
of the homeowner's association. Any dead plant material will be replaced at the earliest planting
opportunity possible. The proposed plant materials will be irrigated when needed by truck. An on-site
improvements agreement, which includes landscaping elements will be included in the Final Plan
application materials.
The proposed trees will be irrigated with the existing well.
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USES/BULK REQUIREMENTS/COMPATIBILITY OF USES
Section 2.6—In terms of general use, building height, scale, density, traffic, dust and noise, the proposed
development will have minimal impact on the existing surrounding land use. The site is designed to
provide for a perimeter buffer separating the residential lots from adjacent agricultural uses to the north
and east. Additionally, the applicant recognizes the importance of continued agricultural production and
will include Weld County's "Right to Farm"covenant on the plat.
OG.Policy 1.1 — A new proposed well and tank locations have been delineated on the plat. Included
within the application materials is a letter from Patina Oil concerning the proposed roadway and a
memorandum of agreement.
Section 4.4.1.3 - In accordance with PUD.Policy 4.1, the proposal has been designed to ensure
compatibility and harmony with existing and planned uses within and adjacent to the development. As
stated in the Department of Planning Services'November 9, 2000 letter, the Towns of LaSalle and Evans
both indicated in referral responses that the PUD proposal has no conflicts with their interests.
Section 2.3 — No variations from the normal Bulk Requirements are contemplated at this time. Any
proposed variations will be specified in the PUD Final Plan as required by Section 2.3. Additionally, in
accordance with PUD.Policy 4.1, the proposal has been designed to ensure compatibility and harmony
with existing and planned uses within and adjacent to the development.
DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION IMPROVEMENTS
Section 12 — An improvements agreement will be submitted as part of the Final Plan application
materials.
ENVIRONMENTAL CRITERIA
Section 6.3.1—Environmental Impacts
In accordance with the referral response from the Weld County Department of Public Health and
Environment, primary and secondary leachfield envelopes will be delineated on the plat and language
restricting building on the leachfield envelopes will be included in the homeowner's association
covenants. The Health Department also indicated that the initial impact plan submitted in accordance
with Section 6.3.1 of the PUD Ordinance #197 is satisfactory.
Also acknowledged in the Department of Planning Services' November 9, 2000 letter, the Colorado
Geological Survey (CGS) concurs with the conclusions and recommendations contained in the
Geotechnical Engineering Report prepared by Terracon. The CGS further stated that, "Provided the
recommendations of the consultant are complied with, this office finds no geologic hazard that would
preclude the development plan as intended. " It is the applicant's intention to develop the lots in
accordance with the recommendations contained in the Geotechnical Engineering Report.
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TODD HODGES DESIGN LLC
As requested by the Weld County Public Works Department, a preliminary drainage plan is included in
the application materials.
SUMMARY
The responses to the Sketch Plan Comments are intended to address the concerns that Weld County staff
and referral agencies expressed in the review of the Sketch Plan application. Minor changes to the
design as delineated on the new drawings and new reports should address all the concerns that were
listed.
As is encouraged in Section 1.8 of the Planned Unit Development Ordinance #197, this proposal
promotes "the most efficient use of the land" as the subject property is not prime farm ground. The
Central Colorado Water Conservancy District acquired the water from this property through a "Dryup
Covenant" recorded March 1, 1999 at Reception No. 2676547. It was determined that the subject
property was not productive farm ground and the water was removed, not to be replaced for agricultural
production.
This PUD application is consistent with the goals and policies of the Weld County Comprehensive Plan
as it proposes a non-urban scale development which meets and exceeds the established requirements of
the Weld County Subdivision, Zoning and Planned Unit Development Ordinances.
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TODD HODGES DESIGN, LLC
Specific Development Guide
Latham View Estates
The general concept of this proposal is to create a Planned Unit Development (PUD) that
consists of four PUD Estate zoned lots and common open space. It is the intent of the applicant
to create a non-urban scale subdivision that provides single family estate residential lots while
preserving a large amount of common open space. The proposed land uses include single-family
residential uses, passive and active open space and recreational opportunities for the property
owners. The architectural style of the residential structures will be left to the discretion of the
individual lot owners with standard limitations that will be specifically outlined in the
homeowner's association covenants. The structures within the PUD will include single-family
dwellings and accessory structures, which will adhere to the setback, offset and other applicable
requirements of the Weld County Zoning Ordinance. This proposal is compatible with the
surrounding land-uses, architectural style, character and zoning. The applicants wish to
establish a small, non-urban neighborhood that will co-exist in harmony with the uses on
surrounding properties.
Section 1.1 of the Weld County PUD Ordinance #197 states "Encourage innovations in
residential, commercial and industrial development so that the growing demands of the
population may be met by greater variety in type, design and layout of buildings and by the
conservation and more efficient use of open space in the development". This proposal addresses
the growing demand for this type of residential opportunity, while at the same time achieving
several goals of the Weld County Comprehensive plan including preservation of passive and
active open space.
This application proposes to utilize the Specific Development Guide option as outlined in Section
27-6-20 B of the Weld County Code. The following information is intended to address the eight
major components of the PUD Development as outlined in Section 27-6-30 of the aforementioned
ordinance.
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
This proposed residential uses and open space uses should not have any negative impacts to the
above listed environmental concerns on this property or on adjacent properties. In a referral
response dated November 6, 2000, the Weld County Department of Public Health and
Environment indicated that, "An initial impact plan was provided and found to be adequate."
7—Waste Water Disposal
This proposal addresses the wastewater disposal on the site through the use of individual sewage
disposal(septic) systems. In accordance with the request of the Department of Planning Services,
secondary leachfield envelopes will be delineated on the plat and language restricting building
on the leachfield envelopes will be included in the homeowner's association covenants.
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TODD HODGES DESIGN,LLC
The Weld County Department of Public Health and Environment also indicated in its referral
response that "The application has satisfied requirements in regard to water and sewer service."
8—Wetland Removal
This proposal does not remove any existing wetlands.
9—Erosion and Sedimentation
10—Excavating,Filling and Grading
11 —Drilling,Ditching and Dredging
The design of the proposed non-urban PUD requires minimal grading on the site. The applicant
is currently attempting to minimize erosion by planting the property in dryland species. The
applicant plans to work closely with the agriculture extension services to maintain the property in
native and/or drought tolerant grasses in order to prevent further erosion.
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 environmental concerns. The
residential uses will not create negative impacts to air pollution or contribute to solid waste
concerns. Landscape improvements proposed on the site may also provide additional cover for
wildlife or increase nesting in the area.
16—Radiation/Radioactive Material
To the applicant's knowledge, there are no radioactive materials located on this site.
17—Drinking Water Source
The applicant has provided evidence of four pre purchased water taps for potable water service
from the Central Weld County Water District Additionally, the Weld County Department of
Public Health and Environment indicated in its Sketch Plan referral response that "The
application has satisfied PUD Ordinance No. 197 in regard to water and sewer service."
18—Traffic Impacts
Due to the low-density, non-urban nature of this proposal (four estate residential lots), there
should be minimal impact to traffic in the area. The September 1, 2000, Sketch Plan referral
comments from the Weld County Public Works Department indicate that a Traffic Impact
Analysis is not required for this subdivision.
Section 27-6-50 Component Two—Service Provision Impacts:
1 —Schools
2—Law Enforcement
3—Fire Protection
4—Ambulance
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TODD HODGES DESIGN,LLC
This proposal should have a minimal impact to the local service providers. It is the applicant's
intent to provide a signed agreement with the Weld County School District RE-I with the Final
Plan. Per the September 22, 2000 Weld County Sheriffs Office referral, a common mailbox area
has been delineated. Address identification and the illumination of such address identification
will be addressed in the homeowner's association covenants. A new well and tank site has been
delineated on the plat. A memorandum of agreement from Patina Oil has been included with the
application materials. Although the Galeton Fire Protection District did not respond to the
County's referral request, the applicant fully intends to cooperate with the Fire District to ensure
adequate fire protection for the proposal. The applicants have been in contact with the Galeton
Fire Protection District and a district representative has indicated that a hydrant will not be
required for this development.
5—Transportation
6—Traffic Impact Analysis
The internal roadway within this proposal is designed to meet the requirements of Section 10 of
the Weld County Subdivision Ordinance and the Public Works Department. The typical roadway
cross section, in accordance with the standards of Section 10 of the Weld County Subdivision
Ordinance, is included in the application materials. The applicants are proposing a twenty foot
wide gravel roadway with four foot shoulders. A letter from Patina Oil concerning the proposed
roadway is included within the application materials. In the beginning design phase of this
project the applicants met with Don Carroll of Public Works and Gary Sandau of the LaSalle
Fire Protection District. The proposed access roadway was discussed and the existing location
was determined to be the best location for emergency access and efficient delivery of utilities to
the proposed lots.
The September 1, 2000, Sketch Plan referral comments from the Weld County Public Works
Department indicate that a Traffic Impact Analysis will not be required for this subdivision.
7—Storm Drainage
A preliminary drainage report is included in the application materials per the Weld County
Public Works Department referral dated September 1, 2000.
8—Utility Provisions
9—Water Provisions
10—Sewage Disposal Provisions
Evidence of four pre purchased water taps for potable water service from the Central Weld
County Water District is included in the application materials. The proposed lot sizes greatly
exceed the requirements of the Weld County Department of Public Health and Environment, and
the Geotechnical Engineering Report prepared by Terracon indicates that soils are feasible for
Individual Sewage Disposal Systems.
The Health Department indicated in its referral response that the application has satisfied the
requirements in regard to water and sewer service.
Section 27-6-60 Component Three—Landscaping Elements:
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1 —Landscape Plan
2—Treatment,Buffering and/or Screening
The location of the proposed landscape elements is delineated on the preliminary landscape
concept plan. The proposed landscaping is placed to enhance the aesthetic value of the property,
as no screening is necessary on this site. The species selected will be drought tolerant and most
suitable to the area's climate and soil types. The location of the open space is clearly delineated
on the landscape concept plan.
3—Maintenance Schedule for Landscaping Elements
4—On-site Improvements Agreement
5—Evidence of Water
The maintenance for all landscape improvements in the common open space areas will be
performed by the homeowner's association. All plant material will be maintained in a healthy
state. Any dead or dying plant material will be replaced at the earliest planting opportunity
possible. All plant species selected will be drought tolerant and should require minimal water
usage. When necessary, the plant materials will be irrigated by an existing on-site well. An on-
site improvement agreement will be included in the final plan application materials.
Section 27-6-70 Component Four—Site Design:
1—Unique Features
There are not features unique only to this property.
2—Rezoning Consistent with Comprehensive Plan
The Weld County Comprehensive Plan strives to preserve prime farmland. The Weld County
Comprehensive Plan indicates in A.Goal 9 that 80 acres is considered the minimum lot size
needed to retain a viable farming operation. The subject parcel is 45.029 acres in size and the
northern portion of the property is primarily classified as "irrigated land non prime"farmland
on the Important Farmlands of Weld County map. While the southern portion of the property is
designated as prime, the property is not currently irrigated, nor can it be irrigated for
agricultural production in the future. The Central Colorado Water Conservancy District
acquired the water from this property through a "Dry-up Covenant" as it was determined that
the subject property was not productive farm ground and the water was removed, not to be
replaced. Section 1.8 of the Weld County Planned Unit Development Ordinance #197
encourages, "...promoting the most efficient use of the land. "
This PUD application is consistent with the goals and policies of the Weld County
Comprehensive Plan as it proposes a non-urban scale development which meets and exceeds the
established requirements of the Weld County Subdivision, Zoning and Planned Unit Development
Ordinances. It is the intent of the property owners to comply with the Weld County
Comprehensive Plan, Weld County Zoning Ordinance, Weld County Subdivision Ordinance, and
Planned Unit Development Ordinance#197.
3—Compatibility of uses allowed within the PUD Zone District
4—Compatibility with Surrounding Land Uses
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TODD HODGES DESIGN,LLC
The proposed design of the subdivision takes into consideration the existing uses of the
surrounding properties, as well as the site advantages and limitations. The site is designed to
permit both active and passive recreational uses and provides for a perimeter bufferyard. The
proposed zoning is estate and will be very consistent with the surrounding small agricultural
parcels. The architecture within this proposal will be compatible with the structures in the
general area. Compatibility will be further addressed by including Weld County's "Right to
Farm" covenant on the plat.
5—Overlay Districts
This proposal is located within the airport overlay district. An avigation easement will be
included with the Final Plan submittal and will also be addressed within the covenants. No other
known overlay districts affect this site.
Section 27-6-80 Component Five—Common Open Space:
1-6 Open Space Regulations
This proposal is consistent with, and will maintain compliance with the open space regulations of
the Weld County Code.
7— 15% Common Open Space Minimum
Under the Weld County Planned Unit Development Ordinance #197, a minimum of 15% of the
site is required to be devoted to common open space. This proposal exceeds this requirement by
providing for 7.5 acres of common open space, or 17%of the total project acreage.
Ownership of Common Open Space
Construction of Open Space
On-Site Improvements Agreement
The common, usable open space will be owned and maintained by the homeowner's association.
The construction of the open space amenities is minimal and is mainly vegetation. An on-site
improvements agreement will be included in the final plan application materials.
Section 27-6-90 Component Six—Signage:
This proposal shall comply with the sign standards, as set forth in the Weld County Code.
Signage will be incorporated into the landscape and will be limited to street and subdivision
signage. The applicants understand that a monument sign for the entrance of the subdivision will
require a building permit.
Section 27-6-100 Component Seven—M.U.D. Impact:
This proposal is not located within the M U.D. Boundary, as delineated in the Weld County
MUD. Ordinance or the Comprehensive Plan. There is no MUD. impact.
Section 27-6-110 Component Eight—Intergovernmental Agreement Impacts:
This proposal is not located within any approved intergovernmental agreement boundaries.
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TODD HODGES DESIGN,LLC
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