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LAND USE APPLICATION
SUMMARY SHEET .
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COLORADO
CASE NUMBER: S-497 Hearing Date: , 1999
PLANNER: Ben Patton
APPLICANT: Jim Scott
ADDRESS: 35325 Cornerstone Way, Windsor, CO, 80550
REQUEST: Final Plat for a 24-lot Planned Unit Development
LEGAL DESCRIPTION: Pt. SW 1/4 of Section 4, Township 6 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to Weld County Road 72; Approximately 1/4 mile east of SH 257
ACRES: 64.88, more or less PARCEL#: 0807 04 000001
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:
• Windsor-Severance Fire Protection District
• Town of Windsor
• Weld County Zoning Compliance
• Larimer County Planning Department
• Weld County Building Inspection
• West Greeley Soil Conservation District
• Weld County Health Department
• Weld County Public Works Department
• North Weld County Water District
• School District RE-4
992165
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o PUD FINAL PLAT
tini ADMINISTRATIVE REVIEW
111k
COLORADO
CASE NUMBER: S-497 Hearing Date: , 1999
PLANNER: Ben Patton
APPLICANT: Jim Scott
ADDRESS: 35325 Cornerstone Way, Windsor, CO, 80550
REQUEST: Final Plat for a 24-lot Planned Unit Development
LEGAL DESCRIPTION: Pt. SW 1/4 of Section 4, Township 6 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to Weld County Road 72; Approximately 1/4 mile east of SH 257
ACRES: 64.83, more or less PARCEL#: 0807 04 000001
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 site is located within the planning area for the Town of
Windsor. The Town has indicated conditional approval of the application.
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
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this site will be provided by the North Weld County Water District, and approved Individual
Sewage Disposal Systems will provide adequate means of sewage removal.
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.
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. 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
(Private Road Maintenance) including the form of collateral. The security for the agreement
shall be tendered and accepted by the Board of County Commissioners.
b. The Restrictive Covenants for Moriah Estates shall be approved by the Weld County
Attorney's Office and be ready for recording in the Office of the Clerk and Recorder.
c. The applicant shall attempt to meet the request from the Town of Windsor to extend the
proposed water main south across Weld County Road 72 into the North Shores Subdivision
to be connected to the existing water main between Lots 18 and 19 of Moriah Estates to
connect to the existing water main in Shiloh Estates for reinforcement of the water supply for
the subdivisions.
d. The applicant shall attempt to comply with the requirements of the Town of Windsor, as
stated in a referral response dated July 22, 1999.
e. The applicant shall submit evidence that all concerns of the Windsor-Severance Fire
Protection District have been addressed.
2. The Final Plat shall meet all requirements of Section 9.2 of the Weld County PUD Ordinance#197,
and shall delineate the following information:
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. An accurate delineation of the northern and western property boundaries which shall not
include State Highway 392 and Weld County Road 72 Rights-of-Way.
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c. A total of fifty feet(50')of right-of-way reservation from the centerline of Weld County Road
72.
3. 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.
4. The Plat shall include the most recent version of the Right to Farm Covenant.
5. 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-four 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 North Weld County Water District and sewage
disposal shall be from individual septic systems. Each individual septic system shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
c. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance.
d. Outdoor storage shall be screened from public rights of ways, and adjacent properties
e. 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 VVater Quality
Control Division of the Colorado Department of Public Health and the Environment.
f. During development of the site, all land disturbance shall be conducted so that nuisance
cone itions 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.
g. 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
prac:ical methods which are technologically feasible and economically reasonable in order
to m nimize dust emissions.
h. If land development creates more than a 25 acre contiguous disturbance, or exceeds six (6)
mon':hs 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.
The applicant shall supply a designated street sign and stop sign at the appropriate location
adjacent to Weld County Road 72.
j. Foundations shall be engineered at each separate building site.
k. Foundations, any sub-grade construction and/or the use of any fill to increase the grade on
each lot shall require an evaluation and recommendation from a Colorado Registered
Engineer on a lot-by-lot basis. Construction shall strictly adhere to such recommendation.
I. As indicated in the application materials and Development Guide, the east branch of the
Challgren Lateral Ditch shall be enclosed in pipe and relocated as shown in the preliminary
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overall utility plan (approximately 200 feet to the east of its present location). Evidence of
such enclosure shall be submitted to the Department of Planning Services.
m. Any signage located on the property shall require building permits and shall adhere to Section
42.2 of the Weld County Zoning Ordinance.
n. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance.
o. 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.
p. The applicant shall comply with Sections 8.8, 8.9, and 8.10 of the Weld County Planned Unit
Development Ordinance, as follows:
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. The applicant shall supply a designated street sign and stop sign at the appropriate location
adjacent to Weld County Road 72.
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b. Foundations shall be engineered at each separate building site.
c. Foundations, any sub-grade construction and/or the use of any fill to increase the grade on
each lot shall require an evaluation and recommendation from a Colorado Registered
Engineer on a lot-by-lot basis. Construction shall strictly adhere to such recommendation.
d. As indicated in the application materials and Development Guide, the east branch of the
Chal gren Lateral Ditch shall be enclosed in pipe and relocated as shown in the preliminary
ovenall utility plan (approximately 200 feet to the east of its present location). Evidence of
such enclosure shall be submitted to the Department of Planning Services.
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a DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, COC 80631 Phone (970) 353-6100, Ext. 3540
Fax (970)304-6498
VII C.
COLORADO
July 6, 1999
Moriah Estates
do Jim Scott
35325 Cornerstone Way
Windsor, CO 80550
Subject: S-497 - Part fo the SW4 of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado.
Dear Mr. Scott:
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,
August 12,1999 at 10:C0 a.m. This meeting will take place in the Weld County Planning Department, Room
210, 1555 N. 17th Avenue, Greeley, Colorado.
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.
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 Town of Windsor and the Town of Severance Planning Commission for its review and comments. It
is recommended that you and/or a representative be in attendance at the Town of Windsor and the Town of
Severance Planning Commission meeting to answer any questions the Commission members may have with
respect to your application. Please call the Town of Windsor at (970)686-7476 , and the Town of Severance
at(970)686-1218, for further details regarding the date, time, and place of this meeting.
If you have any questions concerning this matter, please call me.
Sincerely,
en Patton
Planner
FIELD CHECK inspection date: August 16, 1999
CASE NUMBER: S-497
APPLICANT: Jim Scott/Moriah Estates PUD
LEGAL DESCRIPTION: Pt. SW 1/4 of Section 4, Township 6, Range 67
LOCATION: North of and adjacent to WCR 72; Approximately 1/4 mile east of
State Highway 257
Zoning Land Use
N A(Agricultural) N Farming/Agricultural uses
E PUD (Estate) E Residential Subdivision
S Windsor S Residential Subdivision
W A (Agricultural) W Farming/Agricultural uses
COMMENTS: No man-made features currently exist on-site. Residential
subdivisions do lie to the immediate east and south of the subject site. The only
significant feature is the Windsor Resorvoir Outlet, which defines the west boundary
of the PUD.
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