HomeMy WebLinkAbout20000154.tiff LAND USE APPLICATION
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"DC.
COLORADO
CASE NUMBER: S-511 Hearing Date: February 1, 2000
PLANNER: Eric Jerman
APPLICANT: Karen Libin (Peaks At Mountain View)
ADDRESS: 1531 Broadway Boulder, CO 80302
REQUEST: Final Plat for a 5-lot Planned Unit Development
LEGAL DESCRIPTION: Lot B RE-2150 being Part of the SE4 Section 5, Township 1 North, Range 68 West
of the 6th P.M., Weld County, Colorado.
LOCATION: Approx. 1/4 mile north of WCR 12 and west of and adjacent to Fir Avenue (Carmacar
Ranchettes, Subdivision)
ACRES: 40 , more or less PARCEL#: 1467 05 400007
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this PUD Final Plat is listed in Section 7.5.2 of the Weld County Planned Unit
Development Ordinance 197
The Department of planning Services' Staff has received responses from the following agencies:
• Colorado Division of Wildlife
• Boulder Valley Soil Conservation District
• Weld County Public Works Department
• Weld County Department of Public Health and Environment
• Weld County Building Inspection
• Town of Erie, Community Development Department
• Mountain View Fire Protection District
• St. Vrain Valley School District, RE-1J
2000-0154
Service,Teamwork, Integrity,Quality
PUD FINAL PLAT
Alt(441,
ADMINISTRATIVE REVIEW
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COLORADO
CASE NUMBER: S-511 Hearing Date: February 1, 2000
PLANNER: Eric Jerman
APPLICANT: Karen Libin (Peaks at Mountain View)
ADDRESS: 1531 Broadway Boulder, CO 80302
REQUEST: Final Plat for a 5-lot Planned Unit Development
LEGAL DESCRIPTION: Lot B RE-2150 beint Part of the SE4 Section 5, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado.
LOCATION: Approx. 1/4 mile north of WCR 12 and west of and adjacent to Fir Avenue (Carmacar
Ranchettes, Subdivision)
ACRES: 40 PARCEL#: 1467 05 400007
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 7.3 of the
Weld County PUD Ordinance 197.
2. It is the opinion of the Department of Planning Services' Staff that the application has shown
compliance with Section 7.5.2 of the Weld County Planned Unit Development Ordinance, as
follows:
A. Section 7.5.2.2 That the USES which would be allowed on the subject property will conform
to the Performance Standards outlined in Section 2 of this Ordinance. The approved
Conditions of Approval will ensure that the twenty standards which are outlined in this section
are met.
B. Section 7.5.2.3 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 the COMPREHENSIVE PLAN or MASTER PLANS
of affected municipalities. This proposed subdivision is within the Town of Erie's planning
area. In a referral dated, November 1, 1999, the Town noted that the proposed subdivision
"does comply with our Comprehensive Plan."
C. Section 7.5.2.4 The PUD Zone District shall be serviced by an adequate water supply and
sewage disposal system in compliance with Section 2 of this Ordinance. Water service for
Service,Teamwork, Integrity, Quit `S at Mountain View, Final Plan 2
this site will be provided by the Left Hand Water District, and approved Individual Sewage
Disposal Systems will provide adequate means of sewage removal. A signed Subdivision/
Multiple Tap Service Agreement was submitted with the application for Final Plan. The
agreement between Left Hand Water District and the applicant was dated September 16,
1999.
D. Section 7.5.2.5 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 zone district. The Weld County Public Works
Department has made provision for appropriate means of access to the lots contained within
this PUD.
E. Section 7.5.2.7 That there has been compliance with the applicable requirements contained
in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil
conditions on the subject site. This site is not located within any overlay district, as
recognized by Weld County. Adequate provision has been made for the construction of
homes and the installation of septic systems on the site. Effective December 1, 1999,
Building Permits issued on proposed subdivision lots will be required to adhere to the fee
structure of the Southwest Weld County Service Area Road Impact Program (Ordinance
211).
F. Section 7.5.2.8 If compatibility exists between the proposed USES and criteria listed in the
Development Guide, and the Final Plan exactly conforms to the Development Guide. The
Department of Planning Services has determined that the Final Plan does accurately reflect
the intent of the Development Guide, as submitted by the applicant.
The Department of Planning Services'Staff recommendation for approval is conditional upon the following:
1. At the Board of County Commissioners Hearing to consider the 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
(Private Road Maintenance) including the form of collateral. The security for the agreement
shall be tendered and accepted by the Board of County Commissioners.
2. Prior to Recording the PUD Final Plat:
a. The Restrictive Covenants for Peaks At Mountain View subdivision shall be approved by the
Weld County Attorney's Office and be ready for recording in the Office of the Clerk and
Recorder.
b. The applicant shall attempt to meet all the requirements of the St. Vrain Valley School District,
RE-1J, as stated in a referral, dated November 3, 1999.
c. Evidence shall be submitted to the Department of Planning Services that a plan to apply dust
suppressant during the construction of the PUD has been accepted and approved by the
Weld County Department of Public Works. (Public Works)
d. The approved landscape plan shall be recorded with the Final Plan plat in accordance with
Section 9.3 of the PUD Ordinance (Ordinance 197).
3. The Final Plat shall meet all requirements of Section 9.2 of the Weld County PUD Ordinance#197,
and shall delineate the following information:
Service,Teamwork, Integrity,ouQgaks at Mountain View, Final Plan 3
a. All appropriate easement locations, sizes, and titles, in accordance with Section 10.6 of the
Weld County Subdivision Ordinance and Weld County Utility Board comments.
b. The typical road cross section shall be amended on the plat to indicate a minimum of four
inches of Class 6 aggregate base course. (Public Works)
4. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days
of approval by the Board of County Commissioners.
5. The Plat shall include the most recent version of the Right to Farm Covenant.
6. 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 five E (Estate) zoned lots and common open space. The PUD
allows for Estate uses which shall comply with the E (Estate) Zone District requirements as
set forth in Section 36 of the Weld County Zoning Ordinance. The common open space shall
be owned and maintained by the homeowners association, in accordance with Section 6.3.5
of the Planned Unit Development Ordinance.
B. Water service shall be provided by the Left Hand Water District for each lot.
C. A Weld County Septic Permit is required for each proposed home septic system and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
D. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance.
E. Outdoor storage shall be screened from public rights of ways, and adjacent properties.
F. In the event that five(5)or more acres are disturbed during the construction or development
of the site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment.
G. During development of the site, all land disturbance shall be conducted so that nuisance
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.
H. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than five (5)acres of land must incorporate all available and
practical methods which are technologically feasible and economically reasonable in order
to minimize dust emissions.
Any signage located on the property shall require building permits and shall adhere to Section
42.2 of the Weld County Zoning Ordinance.
J. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance.
K. The site shall maintain compliance at all times with the requirements of the Weld County
Public Works Department, Weld County Health Department, and The Weld County
Department of Planning Services.
L. The applicant shall comply with Sections 8.8, 8.9, and 8.10 of the Weld County Planned Unit
Development Ordinance, as follows:
Service,Teamwork, Integrity,QuilejakS at Mountain View, Final Plan 4
8.8 Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has
not been recorded within one (1) year of the date of the approval of the PUD Final
Plan, or within a date specified by the Board of County Commissioners, the Board
may require the landowner to appear before it and present evidence substantiating
that the PUD Final Plan has not been abandoned and that the applicant possesses
the willingness and ability to record the PUD Final Plan plat. The Board may extend
the date for recording the plat. If the Board determines that conditions supporting
the original approval of the PUD Final Plan cannot be met, the Board may, after a
public hearing, revoke the PUD Final Plan;
8.9 Failure to Commence a Planned Unit Development Final Plan - If no construction
has begun or no USE established in the PUD within one (1) year of the date of the
approval of the PUD Final Plan,the Board of County Commissioners may require the
landowner to appear before the it and present evidence substantiating that the PUD
Final Plan has not been abandoned and that the applicant possesses the willingness
and ability to continue the PUD. The Board may extend the date for initiation of the
PUD construction and shall annually require the applicant to demonstrate that the
PUD has not been abandoned. If the Board determines that conditions supporting
the original approval of the PUD Final Plan have changed or that the landowner
cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke
the PUD Final Plan and order the recorded PUD Plan vacated.
8.10 Failure to Comply with the PUD Final Plan -The Board of County Commissioners
may serve written notice upon such organization or upon the owners or residents of
the PUD setting forth that the organization has failed to comply with the PUD Final
Plan. Said notice shall include a demand that such deficiencies of maintenance be
cured within thirty (30) days thereof A hearing shall be held by the Board within
fifteen (15)days of the issuance of such notice, setting forth the item, date and place
of the hearing. The Board may modify the terms of the original notice as to
deficiencies and may give an extension of time within which they shall be rectified.
8.10.1 Any PUD Zone District approved in a Final Plan shall be considered as being in
compliance with the official Subdivision Ordinance and 30-28-101, et seq., CRS.
6. Prior to the release of any building permits:
a. Proper building permits shall be obtained prior to any construction or excavation. (Building
Inspection Department)
b. Building permits are required for any accessory buildings being constructed or moved onto
the property. (Building Inspection Department)
c. All foundations will require an engineered foundation for principal dwellings. Such foundation
design shall be based on a site-specific geotechnical report or an "open hole" inspection
made by a Colorado Licensed Engineer or Architect. (Building Inspection Department)
d. All buildings or structures shall maintain distances from property lines and adjacent buildings
as outlined in Table 5-A of the 1997 Uniform Building Code. (Building Inspection Department)
Service,Teamwork, Integrity,Qu3TlgakS at Mountain View, Final Plan 5
MEMORANDUM
Wine. TO: Lee Morrison
COLORADO FROM: Eric Jerman, Planner
SUBJECT: S-511 (Peaks At Mountain View)
November 30, 1999
Enclosed are items for your review.
1. Letter of Credit
2. Improvements Agreement
3. Signed agreement between applicant and Left Hand Water District
The applicant will request that the Board review and approve the Improvements Agreements and
L.O.C. at the Final Plat hearing.
Background:
Utility Board hearing date is 12/9/99
Board hearing date will be scheduled as soon as possible after the Utility Board hearing date.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
fa DEPARTMENT OF PLANNING SERVICES
\tyPHONE (970) 353-6100, EXT.3540 304-68
FAX N. 17T AVENUE
1555 N. 19TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
October 25, 1999
Karen Libin
1531 Broadway
Boulder, CO 80302
Subject: S-511 - Request for approval of a PUD Final Plan for 5 lots for residential (Estate zone
district) uses on a parcel of land described as Lot B RE-2150 being Part of the SE4 Section 5,
Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Libin:
Your application and related materials for the request described above are complete and in order at the
present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for
Thursday, December 9, 1999, at 10:00 a.m. This meeting will take place in the Weld County Planning
Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Erie and Frederick Planning Commissions for their review and comments.
Please call the town of Erie at 303-665-3555 and the town of Frederick at 303-833-2388, for information
regarding the date, time and place of the meeting and the review process.
It is recommended that you and/or a representative be in attendance at each of the meetings described
above in order to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please feel free to call me.
Sincerely
G ��
Eric Jerman
Planner
EXHIBIT
FIELD CHECK inspection date: November 19, 1999
CASE NUMBER: S-511
APPLICANT: Karen Libin -- Peaks at Mountain View
LEGAL DESCRIPTION: Lot B of RE-2150 being Part of SE4 Section 5,
Township 1 North, Range 68 West of the Th PM,
Weld County, CO.
LOCATION: Approx. 1/4 mile north of WCR 12 and approx. 1/4 mile west
of WCR 5.
Zoning Land Use
N A (Agricultural) N Residential
E A (Agricultural) E
Carmacar Estates Subdivision
S A (Agricultural) S Agricultural/ Residential
W A (Agricultural) W Agricultural/Residential
COMMENTS:
Site is fully planted in wheat.
Carmacar Estates subdivision has seven or eight homes adjacent to the site to the east.
No existing homes on site.
No violations are present.
(9 / . 77
Eric A. Jerman, P a ner __'�
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