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HomeMy WebLinkAbout971226.tiffHILLIJOUSE ARCF±L!TEC ARCHITECTS & PLANNERS Feb. 13, 1997 Department of Planning Services 1400 N. 17th Av. Greeley, Co. 80631 Attn: Mr. Todd Hodges Dear Mr. Hodges: Ts Weld County Planning Dept. FEB 1 8 1997 Ca ED Attached herewith is our application for a PUD Change of Zone for a sixty eight acre parcel, to be called Gander Valley, located at the SE corner of Sec. 4, T6N, R76W (NW corner of County Roads 19 and 72, 2 mi. N of Windsor). The Sketch Plan was reviewed by your department during November and December 1996, with no major obstacles to development noted. The PUD Change of Zone and Final Plan are being processed concurrently, per approval from the County Attorney. Owner/Applicant is Douglas E. Myers, with Jim Hillhouse as agent. PUD Concept The intent is to divide this vacant farm land into five lots, with four lots planned for single family residences and one forty acre lot reserved for agricultural production. The residential lots average approximately six (6) acres each, and are proposed to be used as "horse property". Restrictive covenants will require that the houses be constructed in a rural style, with front porches reminiscent of farm houses of a bygone day. Only one outbuilding per lot will be allowed, and must be in a compatible architectural style with the house. Animal units will be more restricted than allowed by County zoning, but will encourage FFA type of activities. We propose to protect the view corridors of each lot by way of establishing building envelopes for each lot, within which all buildings must be located. This will be controlled by a homeowner's association with strict covenant and architectural controls, with the intent of maintaining the current rural "feel" to the parcel. The entry open space will be landscaped and maintained by the homeowner's association. Comprehensive Plan Compatibility The Weld County Comprehensive Plan policies were followed in the design of the development concept for Gander Valley PUD in several ways: A) Preservation of agricultural uses is evident by reserving two thirds of the property for agricultural production. B) The homesite locations were carefully selected for their minimum impact on the farm use. The north portion of the land has previously been bisected by an existing access road, serving the existing farm house to the west. It is also the emergency access route to Shilo Estates subdivision on the west. 11005 SOUTH BOULDER RD. LAFAYETTE, CO. 80026 PH. (303) 666-6646 FAX (303) 666-6648 971226 PUD Change of Zone Gander Valley PUD Page 2 C) Another reason for selecting the north portion of the farm for residential use is because of the difficulty of irrigating this area of the farm. The existence of many large shade trees along the north end of the ditch make farming difficult, but are a great asset to a residence. Our proposed "tree -lined country lane" entrance will complement the existing growth. D) Houses are clustered so as to provide a minimum impact on the farm, and to provide a more rural feel to the development. Residential lots are oversized so as to provide a non -building buffer to the ag use. Only two houses will be adjacent to the County Road, and neither will have access from the road. E) Adequate urban services have been extended to adjacent subdivisions to facilitate residential development of this site. A NWCWD 12" water line exists along the north boundary, and both gas, phone and electric service is in the access road. The access road already intersects with County Road 19, and will be utilized at the same location, upon upgrading to a publicly dedicated gravel road. F) Although the very low density of the PUD, combined with the large amount of private open space on each lot would probably qualify this PUD as not requiring public open space, we propose to line the entry way with 6,000 sf of landscaped open space to provide a pleasant "tree -lined country lane" approach to the four homes. If it were deemed necessary to have public common open space, County regulations based on population expected would require 5,445 sf to be dedicated to public use. Surrounding Use Compatibility The proposed zone changes of PUD Ag and PUD Estate are similar to the surrounding land uses. The residential lot sizes are approximately 2.5 times the minimum size allowed in the Estate zone. Although it is smaller than the 80 acre goal of the Comprehensive Plan, the Ag lot is an attempt to preserve prime farm land for agricultural purposes.. The neighbor to the south is farm land, to the west is 2.5 acre Estate residential lots, to the north is agricultural and one single family residence on five acres, and to the east is a single family residence on five acres and a family farm. We will restrict the residences to be no more than two stories in a rural style. All structures will be set back from the internal access road by a minimum of 40 feet, providing a large front yard, and are set back from the County road at least 90 feet so as to not infringe on the agricultural appearance of the neighborhood to passersby. We can discern no conflicts with surrounding uses. 971226 PUD Change of Zone Gander Valley PUD Page 3 Water The property is located within the North Weld County Water District. An existing 12" main abuts the property at our north property line. County referrals to Mr. Lyle Nelson of the Water District indicate that there is plenty of capacity to serve this development upon the payment of their standard tap fee. Certification by the district to this effect is hereby submitted. A water main extension will be constructed from the District's main to a fire hydrant to be located in the access road. Domestic taps for each house will be taken from this extension. . Gas A PS Co. gas main serving Shilo Estates exists in the access road bisecting our property. Two mains will be taken from this line at the point of common access to the four lots and private gas taps will be made from the mains. PS Co. indicates adequate capacity. Sewer The property will be served by individual septic systems, designed in accordance with current Weld County Department of Health guidelines by each individual homeowner. The soil is sandy loam, which is compatible with a common leach field system. Circulation and Access to Site Access to the residential portion of the PUD is off County Road 19, a paved collector street. This is currently a private access road serving a single family residence to the west of the property, and is an emergency access route for Shilo Estates subdivision west of the property. Our property line currently extends to the centerline of Road 19, and we will dedicate the County required 40 feet of ROW. The road has adequate capacity to accept the negligible impact from this proposal. No access directly to Road 19 will be available to the houses. Access to the houses will be by the existing access easement, which will be upgraded to a 24' wide gravel road, with a 60' ROW. A 65' diameter ROW cul de sac will be constructed approximately 500 feet west of Road 19 for emergency vehicle use. This road will be dedicated to the Public, but privately maintained by the HOA. Soils Per SCS documents, the soils on this farm are Kim Loam, Otero Sandy Loam and Thedalund Loam, all less than 5% slope. These are basically well draining soils well suited for agriculture and residential use, according to SCS classification, with low erosion hazard. Lot specific subsurface soils investigations will be prepared by each lot owner prior to construction. Adjacent buildings are all founded on standard spread footings, according to available current information. 971226 PUD Change of Zone Gander Valley PUD Page 4 Mineral Deposits Based on County maps and a geology report prepared by CDS Engineering, we have reason to believe that no commercially viable deposits of minerals, gravel deposits, oil or gas exist. Although we own 75% of the mineral rights, we have no interest in nor plans for attempting to extract any oil, gas, gravel or minerals. We informed the owner of the other 25% of the mineral rights by letter (copy attached) dated October, 1996, of our intentions to subdivide. There has been no response. Districts According to the Flood Insurance Rate Map, Community Panel 080266C prepared by the Federal Emergency Management Agency dated 09/28/82, this property lies in an area of minimal flooding (Zone C). There are no known geologic hazards, or airport overlay districts on this property. We have found no evidence of any radiation or other hazardous materials on this vacant farm land. We trust that this information is adequate to review our proposal. Under separate cover we have submitted the completed application form, the application fees, the PUD district map and vicinity map, a certified list of property owners within 500 feet, and a certified list of all mineral leaseholders. If additional information or data is required, please do not hesitate to call Respectfully submitted, I, ttfatu,s-R- .Dies S. I-fillhouse Agent for Doug Myers, Owner 971226 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone: (970) 353-6100, Ext. 3540 Fax (970) 352-6312 PLANNED UNIT DEVELOPMENT DISTRICT CHANGE OF ZONE APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Case Number Application Fee: ( I CO . D 0 Zoning District Receipt Number 00(O5D 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, Colorado: LEGAL DESCRIPTION: see attached (If additional space is required, attach an additional sheet) PARCEL NUMBER: 0807-04-0-00-037 (12 digit number found on Tax I.D. Information or obtained at the Assessor's Office. Property Address (if available): Gander Valley p •p . D . PRESENT ZONE Ag • PROPOSED ZONE PUD Ag/Est/ TOTAL ACREAGE 68 acres OVERLAY ZONES none PUD Open space SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD REZONING: NAME: Douglas E. Myers HOME TELEPHONE: ADDRESS: 1525 Spruce #101 Boulder, Co. 80302 BUS.TELEPHONE: 303-442-2677 NAME: HOME TELEPHONE: ADDRESS: BUS.TELEPHONE: APPLICANT OR AUTHORIZED AGENT (if different than above): NAME: James S. Hillhouse/Hillhouse HOME TELEPHONE: 970-686-0500 ADDRESS: Architects, Inc. 9323 WCR 70 Windsor, Co. 80550 BUS.TELEPHONE: 303-666-6646 OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF RECORD IN THE WELD COUNTY ASSESSOR'S OFFICE: NAME: Douglas E. Myers ADDRESS: 1525 Spruce #101 Boulder, Co. 80302 NAME: Walter W. Holmes ADDRESS: P.O. Box 567 Amarillo, Texas 79504 Revised: 3-28-96 Weld County Planning Dept, FEB 1 8 1997 11 Si tui r Owner or Sig Authorized Agent 971226 BOARD OF DIRECTORS GARY SIMPSON ERNEST ROSS W.M. McKAY CHARLES ACHZIGER ROBERT ARNBRECHT June 26, 1997 NORTH WELD COUNTY WATER DISTRICT HIGHWAY 85 • LUCERNE, COLORADO 80646 LYLE NELSON, MGR. P.O. BOX 56' • PHONE 970-356-3020 • FAX 970-395-0997 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: SE' of 4 -6N -67W Gander Valley, PUD 1. Water service is presently being provided to the above described property. 2. x Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional comments: Si eriA-644.4A4-- Don Don Posselt, Manager North Weld County Water District CC: Acklam Associates PO 795 Brighton Co 80601 Acklam Associates BOARD OF DIRECTORS GARY SIMPSON ERNEST ROSS W.M. McKAY CHARLES ACHZIGER ROBERT ARNBRECHT NORTH WELD COUNTY WATER DISTRICT HIGHWAY 85 • LUCERNE, COLORADO 80646 LYLE NELSON, MGR. P.O. BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997 5, 0 -) RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: 1 SL 1lq- Sett i- t.o/-/- (a7LJ Water service is presently being provided to the above described property. 2. ( Water service can be made available to the above described property provided all requirements of the District are satisfied. Ifcontracts have not been completed with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional comments: Sincerely, le D. Nelson, Manager North Weld County Water District 971226 ROAD 74 I l UNTY ROAD 12" TOWN OF WINDSCil WATER/LINE 2 ( 4 1O O ,. f f 0 \ r---- . >+ \ 9 � f 1 rd 4' / z s 8 j October 31, 1996 Mr. Walter W. Holmes PO Box 567 Amarillo, Texas 79504 Dear Mr. Holmes: Paragon Services of Boulder, Colorado has purchased the Pineda farm located at the NW corner of County Roads 19 and 72, north of Windsor, Colorado. Our records indicate that you are the owner of one quarter of the mineral rights under this property, and as such, we are required to inform you that we will be subdividing this property under the Subdivision and Zoning laws of Weld County. As owners of the rest of the mineral rights, we hereby inform you that we do not intend to extract any oil, gas or other minerals, if any, from this property. Very truly yours, Paragon Services Jai s S. Hillhouse Authorized Agent cc: Department of Planning Services Weld County 971226 02/17/97 12:34 FAX 970 48" "52 `.i NORTH AMERICAN 44r N°TCO-LVLD IJ o02/our SCHEDULE A Title Insurance Premium $855.00 File No. WE -15980 Policy No. 112346 Amount of Insurance $ 235,000.00 Date of Policy: OCTOBER 11, 1996, at 16:30 1. Name of Insured: DOUGLAS E. MYERS 2. The estate or interest in the land which is covered by this policy is: • FEE SIMPLE 3. Title to the estate or interest in the land is vested in: DOUGLAS E. MYERS 4. The land referred to in this policy appears on Schedule C. 971226 02/17/97 12:35 FAX 970 482 9QR2 NORTH AMERICAN 4-+' U°TCO-LVLD 1J001/003 SCHEDULE H Exceptions This policy does not insure against loss or damages, including attorney fees by reason of the matters shown below: 1. Taxes and Assessments, not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records, but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the land would disclose, and which are not shown by public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Taxes and assessments for 1996, a lien, not yet due or payable. 7. Any water rights or claims or title to water in, on or under the land. 8. tJnpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof. 9. Reservation as contained in Patent recorded December 2, 1893, in Book 51 at Page 240, as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law." 10. Conveyance as contained in Mineral Deed from Albert S. Swanson, Jr., and Marie Swanson to Walter W. Holmes recorded October 19, 1953, in Book 1371 at Page 606, said reservation continued 971226 02/17/97 12:36 FAX 970 48? 9AA2 NORTH AMERICAN -+4 NATCO-LVLD IJ uuz/uuJ SCHEDULE B - PART I continued being as follows: "An undivided 1/4 interest in and to all of the oil, gas and other minerals." 11. Reservation as contained in Warranty Deed from Albert S. Swanson, Jr., and Marie A. Swanson to Douglas P. Lee and Hazel Lee recorded January 3, 1956, in Book 1438 at Page 541. 12. Right of way from Pineda and Sons, Inc., as granted to Associated Natural Gas, Inc., a Colorado Corporation, by instrument recorded July 25, 1983, in Book 1002 at Reception No. 1934560, the exact location of said right of way not being specifically defined. 13. Access and Utility Easement Agreement recorded March 11, 1993, in Book 1373, as Reception No. 02324778. 14. Access Agreement dated February 10, 1990, recorded March 19, 1990, in Book 1258, as Reception No. 02208284. 15. Applications recorded May 18, 1993, in Book 1383, as Reception No. 02333325; and June 18, 1993, in Book 1388, as Reception No. 02337630. 16. An Oil and Gas Lease from Pineda and Sons, Inc., to Dean L. Cummins, dated July 15, 1980, and recorded July 17, 1980, in Book 908, at Reception No. 1830365. 17. Deed of Trust to secure an indebtedness in the principal sum of $1,400,000.00, and any other amount and/or obligations secured thereby, dated November 1, 1978, recorded December 6, 1978, in Book 853, at Reception No. 1774977. Trustor: Pineda &Sons, Inc. Trustee: The Public Trustee of Weld County Beneficiary: The Federal Land Bank of Wichita 18. A Deed of Trust to secure an indebtedness of $ 235,000.00, dated October 7, 1996, recorded October 11, 1996, in Book 1571, at Reception No. 2515333. Grantor: Douglas E. Myers Trustee: Public Trustee of Weld County Beneficiary: Pineda & Sons, Inc. Exceptions numbered NONE are hereby deleted. (pc 2/17/97 WE -15980) 971226 02/17/97 12:37 FAX 970 482 2982 NORTH AMERICAN 4-+, N"TCO-LVLD Ig 003/003 SCHEDULE C File No. WE -15980 Policy No. 112346 Lot B of Recorded Exemption No. 0807-04-4-RE1211 being a part of the SE% of Section 4, Township 6 North, Range 67 West of the 6th P.M., as; per the Map recorded March 19, 1990, in Book 1258, at Reception No. 2208285, County of Weld, State of Colorado. 97122c DRAINAGE REPORT GANDER VALLEY SUBDIVISION FEBRUARY 4, 1997 SITE LOCATION: The project site for the proposed subdivision is located in the Southeast one -quarter of Section 4, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. It is bordered on the East by Weld County Road 19 (WCR 19) and the South by WCR 72. The subdivision will contain 5 lots ranging in size between 5.79 acres and 40.75 acres. Property adjacent to the subdivision on the North, East and South sides is currently undeveloped and being used for agricultural purposes. Shiloh Estates borders the site on the West and North Shore Estates is located approximately one -quarter mile West of the site on WCR 72. The total area of the proposed subdivision is 68.35 acres more or less. The site is currently being used for agricultural purposes and is covered with stubble. The topography of the area consists of a gentle slope of approximately 1.3% to the Southwest. According to the Soil Survey of Weld County, Colorado - Southern Part, the soils consist of fine grained sands, silts, and clays, all having a low flooding potential. There are no major drainageways crossing the site and it does not fall within a 100 year flood plain. GENERAL BASIN DESCRIPTION AND DRAINAGE PLAN Historically runoff from the site drains to the Southwest off -site. Due to the land being used for farming purposes it has been able to absorb the majority of the runoff. The proposed subdivision will not greatly alter the historic drainage pattern or increase the stormwater runoff. Most of the runoff will continue to flow as it has historically. Flows generated from the gravel cul-de-sac will be captured by borrow ditches running alongside the cul-de-sac and be conveyed in these ditches to the borrow ditch on the West side of WCR 19. The five year flow of 0.69 cfs and the 100 year flow of 1.78 cfs generated by the cul-de-sac will be contained sufficiently in the two borrow ditches running adjacent to the cul-de-sac. By Bruce F. Erickson, P.E. State of Colorado No. 30752 REFERENCES: 1) URBAN DRAINAGE CRITERIA MANUAL with latest revisions, URBAN DRAINAGE AND FLOODING CONTROL DISTRICT, Vol. 1-3. 2) SOIL SURVEY OF WELD COUNTY COLORADO - SOUTHERN PART, United States Department of Agriculture Soil Conservation Service in Cooperation with Colorado Agriculture Experiment Station, Issued September 1980. PROJECT ‘4 41.LeY ACKLAM A ASSOCIATES, INC. SURVEYING - ENGINEERING P.O. BOX 795 • 1001 E. BRIDGE ST. BRIGHTON, COLORADO 80601 • (303) 659-8546 JOB NUMBER SHEET OF CALCULATED BY DATE CHECKED BY DATE for }n- ('1 b1 s4 4guts ode( r 14, 'b �t•4t J k•Liitf vi�e-L 4j.-1.1s',.L4 ' f kite 1 copuf [e4 i4L PI 411- L rt,�AxJ prtre54,1 c4,71 r,�► f-� & .1 Y- �s . ► ' ,,. Zvi ze.- ►,�r.�,1� lam. �� ej.�,.:�t �-s ,.�,c,�� From: LEE MORRISON To: thodges Date: 3/26/97 11:02am Subject: gander pud Reply requested when convenient Is the statement of private maintenance of the road accurate? The covenats allow further subdivision of lot 5 after 20 years The right is automatic and the other 4 lots have no say. This is not necessarily right or wrong , just a factor to be aware of. We may want to add that such partition requires a n amendment to PUD CC: bbarker, mmika (zk949/ -V'/v\I )/()0 Hello