HomeMy WebLinkAbout991349.tiff LAND USE APPLICATION
SUMMARY SHEET
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COLORADO
CASE NUMBER: S-488 Hearing Date: May 24, 1999
PLANNER: Ben Patton
APPLICANT: Bill Hall
ADDRESS: 1220 11th Ave. #201 Greeley, CO 80631
REQUEST: Final Plat for a 7-lot Planned Unit Development
LEGAL DESCRIPTION: Pt. NW 1/4 of Section 20, T6N, R64W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 51; South of and adjacent to SH 392.
ACRES: 80.03, more or less PARCEL#: 0801 20 000064
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:
• Weld County Code Enforcement
• Eaton School District RE-2
• Colorado Department of Transportation
• Colorado Geological Survey
• Weld County Building Inspection
• West Greeley Soil Conservation District
• Weld County Health Department
• Weld County Public Works Department
• Department of the Army Corps of Engineers
EXHIBIT
991349 a
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PUD FINAL PLAT
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COLORADO
CASE NUMBER: S-488 Hearing Date: May 24, 1999
PLANNER: Ben Patton
APPLICANT: Bill Hall
ADDRESS: 1220 11th Ave. #201 Greeley, CO 80631
REQUEST: Final Plat for a 7-lot Planned Unit Development
LEGAL DESCRIPTION: Pt. NW 1/4 of Section 20, T6N, R64W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 51; South of and adjacent to SH 392.
ACRES: 80.03, more or less PARCEL#: 0801 20 000064
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 not located within the planning area of any incorporated
communities.
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
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.
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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 Lindies Lake 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 submit evidence from the North Weld County Water District which
indicates that all requirements of the District are satisfied
d. The applicant shall submit to the Department of Planning Services evidence that an
agreement with the North Side lateral and North Side Extension Ditch Company regarding
the liability issue and clean-out area has been reached.
e. The applicant shall provide evidence that the Homeowner's Association will maintain a liability
insurance policy which covers the lake and open space.
f. The applicant shall demonstrate evidence of all easements which are shown on the plat.
g. The applicant shall submit evidence to the Department of Planning Services that each
individual lot owner has legal access and right to use of the lake (Lindies Lake), recreational
or otherwise.
2. The Final Plat shall be amended to delineate the following:
a. A typical road cross section which reflects four-foot gravel shoulders. The applicant shall
remove the "private street" designation from the plat drawing.
b. Forty feet (40') of reserved Right-of-Way from the centerline of Weld County Road 51.
c. An accurate delineation of the northern and western property boundaries which shall not
include State Highway 392 and Weld County Road 51 Rights-of-Way.
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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 Covenants.
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 seven E (Estate)zoned lots and one non-buildable common open
space lot. 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.
C. Silt fences shall be maintained on the down gradient portion of the site during all phases of
construction on all lots in the development.
D. A Weld County Septic permit is required for the proposed home septic systems and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. All septic
systems shall be installed a minimum of two hundred feet(200') from Lindies lake, with the
exception of Lots 1 and 2, which must lie a minimum of one hundred and fifty feet(150')from
Lindies Lake.
E. The open space maintenance shall include removal of manure in a manner that will prevent
nuisance conditions and not allow runoff into Lindies Lake. The manure piles shall not be
allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect
pests, or pollutant runoff.
F. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance.
G. Outdoor storage shall be screened from public rights of ways, and adjacent properties
H. The applicant has requested that Vista Lake Road, the primary access to the lots within the
PUD, be accepted for County maintenance. This road shall be built to County standards
using three inches of asphalt over six inches of road base. This road shall be twenty four feet
(24') wide with four-foot gravel shoulders. The road cross section shall meet the County
subdivision road requirements. The Weld County Public Works Department recommends
that, upon completion, Vista Lake Road be placed in the Weld County road system.
The applicant shall obtain all appropriate permits from the Department of the Army, Corps
of Engineers, prior to disturbing any wetland or stream pursuant to Section 404 of the Clean
Water Act. Prior to any work which may involve the discharge of dredged or fill material in
streams or wetlands, the property shall be examined for wetlands pursuant to Section 404
of the Clean Water Act. Any wetlands shall be delineated and mapped.
J. The Site shall be developed in accordance with the recommendations contained within the
Geologic and Minerals evaluation, prepared by Foundation and Soils Engineering, March
1998.
K. Any signage located on the property shall require building permits and shall adhere to Section
42.2 of the Weld County Zoning Ordinance.
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L. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance.
M. 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.
N. 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 51.
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.
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- DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, 352-6312
FAX TIVE 352 ES
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
1
COLORADO
March 19, 1999
Bill Hall
1220 11th Avenue, #201
Greeley, CO 80631
Subject: S-488 - Request for approval of a Final PUD for seven E (Estate) zoned lots and open space
on a parcel of land described as Part of the NW4 of Section 20, T6N, R64W of the 6th P.M..
Weld County, Colorado.
Dear Mr. Hall:
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 Board of County Commissioner's's for
Wednesday, May 12, 1999, at 10:00 a.m. This meeting will take place in Room 101, Commissioner's
Hearing Room, of the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I
have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, April 22, 1999,
at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 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.
A representative from the Department of Planning Services will be out to the property to post a sign
adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,
and location. In the event the property under consideration is not adjacent to a publicly maintained road
right-of-way, one sign will be posted in the most prominent place on the property and post a second sign
at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of
Planning Services office a few days before the date of the hearing to obtain that recommendation.
If you have any questions concerning this matter, please feel free to call me.
S rely,
Slott Ballstadt
Planner EXHIBIT
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