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JUL 2 9 1998
DEPARTMENT OF PLANNING SE ES
Weld County Administrative Offices, 1400 N. 17th Avenu rei't! ' $( 1�
Phone: (970) 353-6100, Ext. 3540 Fax ( �� V
PLANNED UNIT DEVELOPMENT DISTRICT CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE ONLY: 4
Case Number Z - Sly Application Fee: c-�CTDo . ti
ZoningDis ict Receipt Number 5o2-'
Date "f 2)79 v Application Checked By. < /
Planner Assigned to Case: NJ
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 Lot 13 c2. 1805
(If additional space is required, attach an additional sheet)
PARCEL NUMBER: , _10_5_a_.a...0_IL23(12 digit number found on Tax I.D. Information or obtained at
the Assessor's Office.
Property Address (if available):
PRESENT ZONE Ag PROPOSED ZONE Ag Estate TOTAL ACREAGE 8 0
OVERLAY ZONES
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD REZONING:
NAME: Dale & Loretta Burman HOME TELEPH9NE: 9711-7R4-Af13A
ADDRESS: 25815 WCR 48 ,����
KerseN , CO 80644 BUS. TELEPtiflhfE: 9711-396-6903
NAME: HOME TEL HONE:
ADDRESS: FA,e)
BUS. TELEP NE: "5' Z - 0° . 9
APPLICANT OR AUTHORIZED AGENT (if different than above):
NAME: HOME TELEPHONE:
ADDRESS:
BUS. TELEPHONE:
OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF
RECORD IN THE WELD COUNTY ASSESSOR'S OFFICE:
NAME: Patina ILI & Gas Corp
ADDRESS: c/o Logan & Firmine Inc 333 W Hampden Ave Ste 740 Englewood CO 80110
NAME:
—
ADDRESS:
-co/ t- -'—
ignature: Owne r Authorized Agent
Rev: 4-25-97
982601
Sear_ (5 . WNW
OS02&& (MCC ‘ cK ?CIS is 5- " 8
Specific Development Guide answers for Big Sky properties PUB.
1. Environmental Impacts
1.1 Noise and Vibration-We are adding 4 homesites to 80 acres,3 of which are on 5 acres each. With
these being single family dwellings there won't be alot of noise or vibration.The acreage's are large enough
for everyone to have their own privacy.
1.2 Smoke, Dust and Odors-Taking the 27 acre dryland and adding 3 more homes will actually help this
problem, Right now it is a weed patch and dust can blow,But when the lots have houses on them and
landscaping that will be watered,this will eliminate this problem.As for odor,with the convenants only
allowing one animal per acre will control this problem.
1.3 Heat,Light and Glare-There is nothing that should cause this to happen.
1.4. Visual/Aesthetic Impacts-The PUD will help the visual impact with the conventants only allowing a
single family dwelling this piece of land will blend in nicely with the community.
1.5 Electrical Interference-With the homes being so far apart we can't see any problem with electrical
interference.
1.6 Water Pollution-Having CWW there is no chance of water pollution.
1.7 Waste Water Disposal-The health department has already approved septic for this property,as long as
the home owner builds to county codes there won't be any problems.
1.8 Wetland Removal-This proposal does not remove any wildlife from the property.
1.9. Erosion and Sedimentation-This is flat land so there should be no problem with erosion and since it is
flat land there will be no water run off to cause sedimentation.
1.10 Excavating,filling and grading-This should only need to be dome when building of a new home. The
main road will be graded as needed and as for private drives that will be up to the individual home owner.
1.11 Drilling, Ditching and Dredging-This is not accruable for this PUD
1.12 Air Pollution-This is a small PUD,that should not cause any air pollution.
1.13 Solid Waste-The home owner will be required to pay for trash removal,BFI services this area.
1.14 Wildlife Removal-There is not wild life on this land.
1.15 Natural Vegetation Removal-The only Vegetation is dryland grass and weeds. The homeowners can
plant pastures or leave it as dryland grass.
1.16 Radiation/Radioactive Material-There is none of this on this property.
1.17 Drinking Water Source-CWW will be the water company
1.18 Traffic Impacts-We have followed the Department of transportation guild lines and have one access
road to all lots.
These are small ag acres which fit in with the surrounding neighborhood properties. By putting 3 more
houses on this land it will improve it. Right know it is dry non productive land and has turned in to a weed
982601
patch. When small acres are sold and The new owners improve the land it will be less likely to be a weed
patch. With people planting and watering yards,This dry land can only improve the neighborhood.
2. Service Provision Impact
a. Schools. The Platte school district was contacted at the sketch plan stage. They responded with a letter
stating that the PUD would have no conflicts with there interest.
b-d. Law Enforcement,Fire Protection and Ambulance. Was also contacted,but did not respond. So we are
under the impression that if they don't respond with 45day then they have no conflict of interest.
e-g. Transportation,Traffic and Storm Drainage. The typical cross section will be 60 feet of right of way
with adequate borrow pit ditches, 18 feet of driving surface,and four inch thick aggregate base course,class
6. The cul-de-sac will have a minimum 50 foot radius and the cross slope to drain water will be 2%. No
culvert will be required at the proposed access point from WCR 48.
h. Utility Provisions. We have letters from CWW and REA stating that there is adequate utilities available.
I. We have a letter from CWW stating that water is available for this PUD. Letter attached.
j. Sewage Disposal Provision The WC department of health has responded to the sketch plan stating that 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.That the lot sizes are large enough to
support Septic system.
3. Landscaping Elements. The Land scaping is going to be up to the individual property owner on there lot.
Signage and landscaping is proposed at the development entry and in the open space.
4. Site Design:This PUD is consistent with the goals and policies of the comprehensive plan,It is allowing
the continued agricultural production on the PUD ag lot while allowing the least productive to become 4
home sites.The land uses will be small acreage which is what is surrounding the proposed pud at this time.
5. Common open space.The Open space is a 20ft trail/open space will be set aside for a bridle around the
perimeter of the south lots. The bridle path can be used by the owners for exercising of horses or them
selves.no motorized vehicles will be aloud. The trail/open space will be owned by the home owners
association. The convenents will require that the 20ft trail can not be fenced so everyone can have use of the
bridle path.Trail and open space will be maintained by the home owners association.
6. Signage. No signs of any kind shall be displayed to the public view on any lot except one professional
sigh of not more the five(5)square feet advertising the property for sale or rent,or signs used by a builder
to advertise the property during the construction and sales period.There will be an entry sign.
7. MUD.N/A
8. Intergovernmental Agreement Impacts. N/A
992601
Big Sky Properties
Protective convenants applicable to Lots 1 thru 5, Big Sky Properties, located in the east
half of the southeast quarter(E1/2SE1/4)and that part of the southeast quarter of the
Northeast Quarter(SE1/4NE1/4) lying south of and above the Gilmore canal right-a way
which extends 25 feet south of the center line of said canal, all in section 5, Township 4
north of Range 64 west of the 6th P.M., County of weld, State of Colorado.
(a) Any home constructed on a building site shall have a minimum main floor area of
the main structure, exclusive of one story open porches and garages, of not less that
sixteen hundred (1,600) square feet for a one-story dwelling. In the case of a multiple-
story or split-level dwelling, the lower or ground floor living level shall be not less than
twelve hundred(1, 200) square feet and the total finished square footage area of the
second and/or split level, when added to the minimum twelve hundred (1, 200) square
feet main floor requirement, shall be not less than two thousand(2,000) square feet.
(b)tlo building shall be located on any lot near than 50 feet to the front lot line or
near than 15 feet to any side street line. no building shall be located nejr than 15 feet
to an interior lot line, except that no side yard shall be required for a garage or other
permitted accessory building located 25 feet or more from the minimum building setback
line. No dwelling shall be located on any interior lot nearer than 25 feet to the rear lot
line. For the purpose of this convenant, eaves, steps and open porches shall not be
considered as a part of a building,provided, however, that this shall not be construed to
permit any portion of a building on a lot to encroach upon another lot.
(c) Easements for installation and maintenance of utilities and drainage facilities are
reserved as shown on the recorded plat. Within these easements, no structures,planting
or other material shall be placed on permitted to remain which may damage or interfere
with the installation and maintenance of utilities, or which may change the direction of
flow of drainage channels in the easements or which may obstruct or retard the flow of
water through drainage channels in the easements, The easement are of each lot and all
improvements in it shall be maintained continuously by the owner of the lot, except for
those improvements which a public authority or utility company is responsible.
3 (d) No trailer,tent, shack, garage, barn or other outbuildings shall at any time be used as
a residence,temporarily or permanently, on any building site.
(e) All lot owners shall provide and maintain proper facilities to control storm water run-
off onto adjacent properties.
(f) No sign of any kind shall be displayed to public view on any building site, except for
a sign, limited to one, advertising the property for sale,which sign shall not be larger than
five (5) square feet.
(g) The height and location of any residence, garage, or accessory building shall be
designed and located so as to assist in the preservation of views of others.
99261)1
(h) No fences shall be constructed except after approval and review by the building and
design committee, and all fences shall be designed and constructed so as to be compatible
with the neighborhood. All fences shall be designed and constructed so as to not
constitute a nuisance or offensive effect on othefjin the sub-division.
A
(I) No noxious or offensive activity shall be carried on upon any lot, nor shall anything
be done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
(j) No trash, garbage, ashes, or other refuse,junk, vehicles in disrepair, underbrush, or
other unsightly growths, or objects, shall be maintained or allowed on any lot. All fences
and buildings shall be kept in a state of repair. All residences, garages, and accessory
buildings shall be painted or stained, from time to time, so as to maintain a reasonable
state of repair.
(k) No animals, livestock, or poultry shall be raised,bred, or kept on any lot of the
subdivision for commercial purposes. 4H livestock are exempt from the provision. Each
lot is further restricted to a total of one (1) livestock animal unit per acre. The following
is a list of the types of livestock permitted on the lots and the respective number of
"animal units"attributable to any particular animal.
Type Animal Units Maximum Number
Attributable to Per acre
Single animal
Cattle (steer,
heifer, cow) 1 1
Horse or pony 1 1
Llama 1 1
Mule or Burro 1 1
Sheep 1 1
Poultry .25 4
Rabbit .25 4
Swine 1 1
Goats 1 1
$ 9?fO1
Only those livestock included in the preceding list( other than household pets)are
allowed within the properties without board approval. All household pets shall be subject
to any rules and regulations and all governmental ordinances or laws applicable to the
properties.
(I) Refuse piles or other unsightly objects or materials shall not be allowed to be placed
or to remain upon the common area or the exterior of any lot or residence. The
association shall have the right to enter upon any property in the subdivision and remove
any rubbish piles or other unsightly object and materials at the expense of the owner after
due notice to the owner and failure of the owner to remove any material specified in such
notice.. The owner as reimbursement assessment. The association, in its adopted rules
and regulations, may further regulate the location of trash receptacles on lots and prohibit
placing such receptacles in any place not authorized by the rules and regulations.
99260l
RIGHT TO FARM CQVENANT
Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld
County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural
area must recognize there are drawbacks,including conflicts with longstanding agricultural practices and a
lower level of services than in town.
1 Agricultural users of the land should not be expected to change their long-established agricultural practices
to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate
off-site impacts,including noise from tractors and equipment;dust from animal pens,field work,harvest,and
gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and
mosquitoes;the use of pesticides and fertilizers in the fields,including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved "out of the way" of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size(twice the size of the State of Delaware)
with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the
area to be served stretches available resources. Law enforcement is based on responses to complaints more
than on patrols of the county and the distances which must be traveled may delay all emergency responses,
including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are
bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean
that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
1 removal for roads within subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas,in many cases,will not be equivalent to municipal
services.
1 Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment
and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations,
high speed traffic, sand bun, puncture vines, territorial farm dogs, and livestock present real threats to
children. Controlling children's activities is important,not only for their safety,but also for the protection of
the farmer's livelihood.
1 Parents (need or must) be responsible for their children.
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