HomeMy WebLinkAbout20190028.tiffPLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED: _
RECEIPT/ AMOUNT # /$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: 1055-05-100035
Legal Description: Lot B RE -1703 being part of the NE4, Section 5,Township 4 North, Range 65 West
Property Address (If Applicable) N/A
Existing Zone District: Ag Proposed Zone District: PUD Total Acreage- 53_75 Proposed #/Lots: 9
Average Lot Size: 5.179 Acres Minimum Lot Size: 3.594 Acres
Proposed Subdivision Name: Union Estates
Proposed Acres Open Space: 5.916 Acres Is this application to be reviewed as a Cluster PUD? No
Are you applying for Conceptual or Specific Guide? Specific
FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet)
Name
Phone*
Email Address
Address
City/State/Zip Code
City/State/Zip Code LaSalle, CO 80645
APPLICANT OR AUTHORIZED AGENT (Authorization must accompany applications signed by Authorized Agent)
David E. Keiser
970-396-5917
drkeis1959aAOL.com
22380 Latham View Drive,
LaSalle, CO 80645
Name
Home Phone #
Office Phone #
Email Address
Address
Harry Strohauer
970-284-5416
970-284-6526
harry@strohauerfarrns corn
19953 WCR 50
Name:
Phone #
Address
City/State/Zip Code
UTILITIES: Water:
Sewer:
Gas:
Electric:
Phone:
DISTRICTS: School:
Fire:
Post:
Sheri Lockman, Lockman Land Consulting, LLC
970-381-0526 Email Address
36509 WCR 41
Eaton, CO 80615
Central Weld County Water District
Septic System
Propane
Xcell Energy
Cell
Platte Valley School District RE -1
LaSalle Fire District
LaSalle
sherilockman@what-wire.com
I (We) hereby depose and state under penalties of perjury that ail statements, proposals, and/or plans
submitted with or contained within the application are true and correct to the best of my (our) knowledge.
Signatures of all fee owners of property must sign this application. if an Authorized Agent signs, a letter of
authorization from all fee owners must be included with the application. If a corporation is the fee owner,
notarized evidence must be included indicating the signatory has the legal authority to sign for the
corporation. I (we), the undersigned, hereby request hearings before the Weld County Planning
Commission and the Board of County Commissioners concerning th- . oposed Change of Zone for the
above described unincorpaed area of Weld County, Colorado.
Signature: (David
'ter
eiser
Date
Date
DEVELOPMENT GUIDE
Sec. 27-6-40. Component One — environmental impacts.
1. Noise and vibration.
The subdivision will maintain compliance with noise and vibration levels as permitted in Section
4-9-40 of the Weld County Code.
2. Smoke, dust and odors.
The site will maintain smoke, dust and odor levels in compliance with levels allowed by the
Colorado Air Quality Control Regulations.
3. Heat, light and glare.
The proposed lots will maintain heat, light and glare levels below the maximum permissible levels
as described in Section 23 of the Weld County Code. Outdoor lighting shall be arranged to deflect
light away from any properties and from county roads.
4. Visual/aesthetic impacts.
Covenants will ensure that the aesthetics of the site are compatible to that of surrounding
residential and agricultural land uses.
5. Electrical interference.
The subdivision will not create any electrical interference.
6. Water pollution.
The site will be designed and graded to meet all applicable Federal, State and County water
quality regulations.
7. Wastewater disposal.
All wastewater will be disposed of through septic systems which will be properly permitted in
accordance with State and County regulations.
8. Wetland removal.
There are no wetlands on this site.
9. Erosion and sedimentation.
The site naturally slopes to the north where detention facilities will be located. The facilities are
designed to capture any sedimentation.
10. Excavating, filling and grading.
Grading permits will be acquired prior to excavating, filling or grading on the property.
11. Drilling, ditching and dredging.
Any drilling, ditching or dredging done within the subdivision will be conducted according to
applicable regulations and all required permits will be obtained.
12. Air pollution.
All applicable air quality regulations will be maintained.
13. Solid waste.
No solid wastes will be located on this site unless appropriately permitted.
14. Wildlife removal.
The site is currently farmed which limits its use by wildlife.
15. Natural vegetation removal.
The site is currently farmed therefore no natural vegetation will be removed.
16. Radiation/radioactive material.
There will be no radioactive materials within the subdivision.
17. Drinking water source.
The site will be serviced by Central Weld County Water District. Please refer to the attached letter
from the District dated December 7, 2017. The letter was forwarded to the Weld County
Attorney's Office for review. Assistant Weld County Attorney Bob Choate stated that the letter
was fine to move forward to the Change of Zone
18. Traffic impacts.
The interior road is proposed to be unpaved. A cross section has been included with this
submittal. The site is located at the farthest edge of the Intergovernmental agreement area with
the Town of LaSalle. The area is rural in nature with few residences in close proximity. Given the
limited traffic generated by nine residential lots, the rural location and the difficulty in maintaining
a paved roadway, the applicants believe a non -paved road is appropriate. The entrance will
include 100 feet of asphalt and a cattle guard to limit tracking material onto County Road 50.
Sec. 27-6-50. Component Two -- service provision impacts.
1. Schools.
Gilcrest School District RE -1 has requested $1,054.20 per lot to mitigate impacts to the school
District. In the attached email dated November 27, 2017, Douglas Moss, Chief Financial and
Operations Officer for the School District indicated that a bus shelter would not be required.
2. Law Enforcement.
Signs and addresses will be adequately posted to ensure emergency responders will have no
difficulty in locating homes. No concerns were raised at the Sketch Plan phase. Any concerns
raised by the Weld County Sheriff's Office will be addressed before the Change of Zone is
completed or at the Final Plan.
3. Fire Protection.
The applicant contacted the district to determine requirements. Ben Hulsey, Operations Manager
for the District submitted the attached letter dated November 6, 2017. The applicant will continue
to work with the District to ensure ail requirements are met including the correct placement of fire
hydrants on the utility plans at the Final Plan.
4. Ambulance.
The nine lots proposed will have a minimal impact. Signs and addresses will be adequately
posted to ensure emergency responders will have no difficulty in locating homes. Any additional
concerns raised by ambulance services will be addressed as conditions of approval.
5. Transportation (including circulation and roadways).
Union Estates is accessed from one location along County Road 50. The applicants are
proposing an unpaved road built to County standards. A road cross section has been included
with this submittal. The additional access point on the south side of the property will be removed.
The tank batteries located adjacent to County Road 50 have two access points that will not be
utilized by the Union Estates residents.
6. A traffic impact analysis prepared by a registered professional engineer.
Public Works requested a traffic narrative at the pre -application meeting for Union Estate. Traffic
will enter the subdivision from County Road 50. Approximately 50% of the traffic will be from
LaSalle to the west. The remaining 50% is expected to be from the east via a multitude of roads.
Many of the trips are expected to follow a route that will eventually meet County Road 49. Peak
traffic will be early morning, 7:00 to 9:00 and at the end of the work day, 4:00 to 6:00 p.m.
Storm drainage.
An updated Drainage Report prepared by Alles, Taylor and Duke is attached to this submittal.
7. Utility provisions.
The utilities providers for Panorama Estates are as follows:
Gas: Propane
Electric: Excel Energy See attached Will Serve Letter
Phone: Cell
At Sketch plan the applicant proposed to use Qwest to provide phone service. However, Qwest
has been purchased by Century Link. After researching the cost of service from Century Link and
benefit of a land line service the applicant has chosen to be exclusively serviced by cell providers.
With new technology expanding into cell services less than 50% of homes were expected to want
a land line.
8. Water provisions.
Union Estates will be serviced by Central Weld County Water District. Please refer to the attached
can -serve letter dated December 7, 2017. In the attached email dated December 21, 2017 Bob
Choate, Assistant Weld County Attorney has indicated that the water supply plan is adequate to
procede to the Change of Zone.
9. Sewage disposal provisions.
The residences will be attached to septic systems which will be appropriately permitted through
Weld County Environmental Health.
10. Structural Road Improvements Plan.
Union Estates accesses onto County Road 50. No upgrades to the County Roadway have been
requested at this time. The applicant will enter into a road maintenance agreement if required.
Sec. 27-6-60. Component Three — landscaping elements.
1. Landscape plan.
Minimal landscaping is proposed. The open space/perimeter trail will be planted in pasture grass
to accommodate drainage as well as recreational uses. A three rail vinyl fence will be constructed
along County Roads 41 and 50.
2. Proposed treatment, buffering or screening.
No buffering or screening will be necessary to achieve compatibility within the development or
with the surrounding properties which are of similar character. The perimeter trail allows for an
additional open space buffer between the subdivision and surrounding properties.
3. On -site improvements agreement.
The applicants will enter into an improvements agreement at final platting.
4. Evidence of adequate water.
Residential water taps from Central Weld County Water District will service the homes.
5. Maintenance schedule for landscaping.
The landscape on the perimeter trail is limited to pasture grass which will be mowed regularly by
the Home Owner's Association.
Sec. 27-6-70. Component Four - site design.
1. Unique site features.
No unique natural features exist on the site. The property naturally slopes from the south to the
north. The Union Ditch runs along the south side of the property.
2. PUD rezoning is consistent with the goals and policies of Chapter 22 of the Weld County
Code.
Section 22-2-120.A. R.Goal 1. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to serve the residential development or district."
The applicant has submitted evidence that all services including water, septic, roadways,
drainage, utilities and public services can adequately service the subdivision.
Section 22-2-120.R.Policy 2.1. states "Improvements associated with residential development
should be based on the direct impact that development proposals have on the infrastructure and
services related to that development. This may include being required to address off -site
improvements necessary to adequately support any individual development."
An Improvements Agreement addressing the impact of the development will be entered into at the
Final Plan.
Section 22-2-120.C. R.Goal 3. states "Consider the compatibility with surrounding land uses,
natural site features, nearby municipalities' comprehensive plans and general residential growth
trends when evaluating new residential development proposals."
The proposed nine lot residential subdivision should have limited impact on the surrounding
properties. The covenants and building requirements will ensure an aesthetically pleasing
subdivision The site lies in the Intergovernmental Agreement area for the Town of LaSalle. Town
representatives have indicated that they do not have any opposition to the proposal. The
applicants are wishing to create a subdivision with a rural feel similar to Latham View Estates
which lies 1 1/2 miles southeast of the site and was developed by Dave Keiser
3. Compatibility with the PUD Zone District.
The subdivision will follow the uses allowed by right, accessory uses, uses by special review and
bulk requirements of the Estates Zone District with the following exceptions:
a. Mobile homes and modular homes are not allowed.
b. Not more than one large animal (horses, cattle, mule, burro, sheep, goat, llama, alpaca or
any similar size farm animal) per acre may be maintained on any lot. No swine are allowed.
In addition to large animals not more than ten total (10) small animals (poultry, rabbit or any
similar sized farm animal) are permitted on any lot.
4. Compatibility with the surrounding land uses.
Properties to the north are owned by Harry Strohauer and are agricutural in nature. Properties to
the south, east and west are also agricultural in nature. One home is in close proximity to the
west. Residential lots within the Town of LaSalle lie approximately % mile west of the site. Homes
on large and small agricultural lots lie east of the site along County Road 50. The closest of these
is over 700 feet from the proposed subdivision. Two homes lie adjacent to the subdivision at the
southeast corner. The proposal is similar in look and use to the surrounding properties.
Covenants and building requirements ensure that the subdivision retains a rural atmosphere.
5. Overlay Districts.
The site lies within the Intergovernmental Agreement area for the Town of LaSalle. The Notice of
Inquiry indicated that there was no conflict with the development and annexation would be
considered at a time when it is more feasible for the Town and applicant. The property does not
lie within any other overlay districts.
Sec. 27-6-80. Component Five — common open space usage.
1. Common open space.
The applicant is proposing 5.916 acres of open space consisting of a trail along the perimeter of
the property and adjacent to the interior roadway. The open space also includes the drainage
area adjacent to County Road 50 which serves as a buffer from the Road. The open space
makes up 11% of the site. Because of the large lot size the need for additional open space is
questionable. The open space plan provides usable open space while also ensuring that it can
reasonably be maintained by the homeowners of a small lot subdivision. Therefore, the applicants
respectfully request a waiver of the 15% open space requirement.
2. Establishment of Homeowner's Organization.
The Union Estates Homeowner's Association shall be established prior to recording the PUD
Final Plat.
3. Mandatory membership.
All lot owners will be part of the Homeowner's Association and shall be subject to the Union
Estate Covenants.
4. HOA responsibilities.
Union Estate Covenants ensure that the organization will be responsible for liability insurance,
taxes and maintenance of common open space.
5. HOA powers.
Covenants guarantee that homeowners can be held liable for the cost of operating and
maintaining common facilities thru levy assessments.
6. Failure to maintain common open space.
Covenants will address failure to maintain common open space. Said failure may be dealt with
through a tax lien pursuant to Section Colorado Revised Statute or by the Board of County
Commissioners as stated in the Weld County Code.
7. Common open space allocation.
11% common open space has been designated in Union Estates. Because of the large lot size
the need for additional open space is questionable. The open space plan provides usable open
space that can reasonably be maintained by a small lot subdivision. Therefore, the applicants
respectfully request a waiver of the 15% open space requirement.
Sec. 27-6-90. Component Six — signage.
A preliminary development sign plan has been included with this application. The sign will be
constructed of steel and will be no larger than 32sf and 8 feet in height as allowed in the Estate Zone
District. The location of the sign will be designated near the access on the Final Plans and meet all
setback requirements.
Sec. 27-6-100. Component Seven — RUA impact.
Union Estates does not lie within an area designated a RUA
Sec. 27-6-110. Component Eight — intergovernmental agreement impacts.
The site lies within the Intergovernmental Agreement area for the Town of LaSalle. The Notice of
inquiry indicated that there was no conflict with the development and annexation would be considered
at a time when it is more feasible for the Town and applicant.
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ALTA.'S TAYLOR
& DUKE, LLC
3610 35th Ayr.. Unit 6
Evans. Colorado 80620
(870) 330-9398
ENGINEERING & LAND SURVEYING SERVICES
RESPONSE TO CONCERNS
Openspace. The applicant is proposing 5.916 acres of open space consisting of a trail along the
perimeter of the property and adjacent to the interior roadway. The open space also includes the drainage
area adjacent to County Road 50 which serves as a buffer from the Road. The open space makes up
11% of the site. Because of the large lot size and the trail easement along the interior roadway the need
for additional open space is questionable. The open space plan provides usable open space while also
ensuring that it can reasonably be maintained by the homeowners of a small lot subdivision. Therefore,
the applicants respectfully request a waiver of the 15% open space requirement.
Mineral/surface use agreement. The applicants have been working with John Peterson, Operations
Landman for Noble Energy, In the attached emails Mr. Peterson has indicated their plan to plug a well at
the west end of the property and pull the flowline that crosses Lot 1, 8 and 9 in the fall of 2018. Mr.
Peterson was made aware that the proposed trail was moved out of the tank battery operation area. No
other concerns were voiced. The applicant will continue to work with Mr. Peterson.
Mailbox area. A mail pull -off area will be included at the entrance on the west site of Union Drive. This
location was accepted by the postal service on November 28, 2008. Numerous attempts were made to
ensure that this location was still acceptable to the Postal Service. Please see the attached 2008
agreement and email to Shareen Wert, Post Master for the City of Evans. No response was ever
received. At the Final Plat stage lots are addressed. Ms. Wert has indicated that she will be willing to
review the case when we have addresses.
Weld County Department of Public Health and Environment — Test Pits. The applicant is aware of the
requirement for individual test pits for each lot when septic permits are applied for.
Covenants. As requested, the covenants state that activities such as landscaping (i.e. planting of trees
and shrub) and construction (i.e. Auxiliary structures, dit mounds, etc.) activities are expressly prohibited
in the designated absorption field site.
Weld County Department of Public Works - Access road maintenance agreement. The Union Estates
covenants ensure all property owners are aware of their shared responsibilities.
Gates. The access to Union Estates is not gated.
Relocating existing Utilities. The applicant understands that the County is not responsible for relocating
existing utilities.
Improvements and road maintenance agreement. The applicant will enter into an agreement at the Final
Plan stage.
Amendments to the plat. The appropriate rights -of -way widths have been shown on the Change of Zone
plat. Tracking control consisting of 100 feet of pavement and cattle guards will be shown on the road plan
at the Final Plan stage.
Weld County Department of Planning Services — Access easement for the adjacent property to the
south. No easement will be needed for the adjacent property owner. The existing access on the south
side of the property will be removed.
Road design and cross section. The applicants are applying for an exception to pavement. A cross
section of the proposed roadway has been included with this submittal. Union Estates is accessed from
one location along County Road 50. The additional access point on the south side of the property will be
removed. The tank batteries located adjacent to County Road 50 have two access points that will not be
utilized by the Union Estates residents.
Final plan requirements. The applicant understands the requirements for a construction schedule, utility
map and improvements agreement at the final plan stage.
Oil and gas facilities. The plat has been updated to include the location and setback for existing oil and
gas facilities. The trail and utility easement has been moved so that it no longer interferes with the oil and
gas facility.
Weld County Zoning Compliance - The referral response indicated that they had reviewed the request
and found no conflicts with their interests.
Colorado Geological Survey — The referral response indicated that they believe that the site is not
exposed to any geologic hazards that would preclude the proposed residential use and density. The
applicant does understand that no full -depth basements will be allowed on the site. Lot -specific, design -
level geotechnical investigations including drilling, sampling, lab testing and analysis will be completed on
each lot prior to building permit application.
Central Weld County Water District — The district requested updated information to determine whether
capacity is available for the project and if the existing infrastructure would need to be up -sized. The
applicant submitted the requested information. Please refer to the attached letter from the District dated
December 7, 2017. The letter was forwarded to the Weld County Attorney's Office for review. Assistant
Weld County Attorney Bob Choate stated that the letter was fine to move forward to the Change of Zone.
Colorado Division of Water Resources — The attached email from loana Comaniciu, Water Resources
Engineer for the Division of Water Resources indicates that we have address their concerns. The
Division sent the attached updated letter dated June 25, 2018.
Weld County School District RE -1 — The district has required a cash in lieu payment of $1,054.20 per
new lot. The fee will be paid at the Final Plan. In the attached email dated November 27, 2017 the District
indicated that no shelter would be required.
Colorado Parks and Wildlife -The referral response indicated that they had reviewed the request and
found no conflicts with their interests.
Weld County Sheriff's Office — The referral response indicated that they had reviewed the request and
found no conflicts with their interests.
West Greeley Soil Conservation District - The referral response indicated that they had reviewed the
request and found no conflicts with their interests.
Union Ditch Company — Please see the attached letter responding to the concerns indicated in the
referral response. The letter was emailed to the Union Ditch Company on December 18, 2017. The
applicant has made multiple attempts to move forward with the requested agreement without success.
We feel that the letter sent to the Ditch Company adequately addresses their concerns. Should the
District wish to proceed with the agreement we will be happy to work with them.
Town of LaSalle — Representatives for the Town did not return a referral response. However, they
indicated that the Town has no conflict with the development in the Notice of Inquiry included in the
Sketch Plan submittal.
City of Greeley - The referral response indicated that they had reviewed the request and found no
conflicts with their interests.
Garden City - The referral response indicated that they had reviewed the request and found no conflicts
with their interests.
LaSalle Fire District — The applicant contacted the district to determine any changes to requirements.
Ben Hulsey, Operations Manager for the District submitted the attached letter dated November 6, 2017.
We will continue to work with the District to ensure the correct placement for the two fire hydrants.
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