HomeMy WebLinkAbout20171137.tiffLAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
CASE NUMBER: PUDZ16-0002 HEARING DATE: April 18, 2017
APPLICANT: Lawrence & Jacquelyn Bebo C/O Kent Bruxvoort — KBC Engineers
SITUS ADDRESS: 572 County Road 42.5, Berthoud, CO 80513
REQUEST: A Change of Zone from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for 9 residential lots with E (Estate) Zone Uses
along with a 58.02 acre agricultural outlot (Tract A) that will be non -buildable for
residential purposes.
LEGAL:
Lot A AMRE-3669; Located in part of the E2SE4, along with the NE4SW4 and
the W25E4 to the North line of the Little Thompson River, all located in Section
19, T4N, R68W of the 6TH P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 3 and 0.5 miles south of State Highway 56.
ACRES: 124.68 acres, more or less
PARCEL #: 1061-19-0-00-039 & 1061-19-4-00-081
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
Without Comment:
Weld County Department of Zoning Compliance, referral dated November 9, 2016
Weld County Sheriff's Office, referral dated November 16, 2016
With Comment:
Weld County Department of Public Works, referral dated November 30, 2016
Weld County Department of Public Health and Environment, referral dated December 5, 2016
Weld County Department of Planning Services — Engineer, referral dated December 9, 2016
Weld County Department of Planning Services — Floodplain, referral dated December 13, 2016
Colorado Division of Water Resources, referral dated December 6, 2016
Colorado Department of Transportation, referral dated November 9, 2016
Big Thompson Soil Conservation District, referral responses dated December 19, 2016 & March 21, 2017
PUDZ16-0002 - BEBO
The Department of Planning Services' staff has not received responses from:
Colorado Parks and Wildlife
U.S. Army Corps of Engineers
Town of Berthoud
Town of Mead
Larimer County
Berthoud Fire Protection District
School District RE -2J
Rockwell Ditch
PUDZ16-0002 - BEBO
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
PLANNER: C. Gathman
CASE NUMBER: PUDZ16-0002 HEARING DATE: April 18, 2017
APPLICANT: Lawrence & Jacquelyn Bebo C/O Kent Bruxvoort — KBC Engineers
ADDRESS: 572 County Road 42.5, Berthoud, CO. 80513
REQUEST: A Change of Zone from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for 9 residential lots with E (Estate) Zone Uses
along with a 58.02 acre agricultural outlot (Tract A) that will be non -buildable for
residential purposes.
LEGAL:
Lot A AMRE-3669; Located in part of the E2SE4, along with the NE4SW4 and
the W25E4 to the North line of the Little Thompson River, all located in Section
19, T4N, R68W of the 6TH P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 3 and 0.5 miles south of State Highway 56.
ACRES: 124.68 acres, more or less
PARCEL #: 106119000039 & 106119400081
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
CASE SUMMARY:
The applicant is proposing a PUD for 9 residential lots with (Estate) Zone Uses along with a 58.02
Agricultural outlot (Tract A). Tract A will be non -buildable for residential purposes but other uses,
including uses by right and accessory uses, would be allowed along with Uses by Special Review
(USR) (if the USR is approved by the Board of County Commissioners). The PUD will be served
by an internal paved road (no sidewalks or curb and gutter are proposed). Water will be supplied
by the Little Thompson Water District and sewer will be provided by individual sewage disposal
systems on each lot. The applicant indicated that they have attempted to contact the School
District and Post Office regarding whether a school bus shelter/turn around shall be required and
where the mailbox should be located. They did not receive a response nor has a referral
response been received from the school district.
1. The submitted materials are in compliance with the application requirements of Section 27-5-30
of the Weld County Code.
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2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a - The proposal is consistent with any intergovernmental
agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning
Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code.
A. R.Goal 1. Ensure that adequate services and facilities are currently available or
reasonably obtainable to serve the residential development or district.
The proposed PUD is to be served by the Little Thompson Water District.
Section 22-1-120 C. R.Goal 3. 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 lots sizes and proposed agricultural outlot are compatible with the surrounding area.
B. Section 27-6-120.B.6.b - The uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in Article II,
Chapter 27 of the Weld County Code.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate) Zone District for the nine (9) residential lots. The proposed
lots will comply with the use and bulk standards of the E (Estate) Zone District.
The applicant is proposing that Tract D will adhere to the use (uses by right, accessory
uses and uses by special review) and bulk standard requirements of the A (Agricultural)
Zone District.
Section 27-6-80.B.7 states: "All urban scale development PUDs containing a residential
element shall provide for a fifteen -percent common open space allocation, unless
otherwise stated in Chapter 26 of this Code."
Section 27-2-60 states "Common open space is defined as any usable parcel of land or
water unimproved and set aside, dedicated, designated or reserved for public or private
use or for the use and enjoyment of owners or occupants of land adjoining or neighboring
such area. Common open space includes landscape areas that are not occupied by
buildings or uses such as storage or service areas, private courtyards, parking lots and
islands. In all PUD districts, except for those containing residential uses, common open
space may include landscape setbacks adjacent to roadways, where the setbacks are
not utilized as parking or storage areas. The amount and type of common open space
provided in a PUD Zone District shall be proportional to the intensity of the zone districts
called for in the PUD or uses specified in the application, unless specifically delineated in
Chapter 26. Common open space shall be designed to be useful to the occupants and/or
residents of the PUD Zone District for recreational and scenic purposes. Common open
space in the PUD Zone District shall be owned and maintained in perpetuity by
an organization established specifically for such ownership and maintenance purposes.
This PUD is considered urban scale (even though it is only 9 lots) given its proximity to
the municipal boundaries of Berthoud and its location 1/4 mile from an existing 6 -Lot PUD
(Markham View Estates PUD).
The applicants are requesting a waiver from the common open space requirement. The
application indicates that there will be a 70 -foot landscape setback on each lot for open
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space purposes. According to the application, these setbacks would encompass
approximately 16% of the nine (9) residential lots in the PUD. However, it is staff's
understanding that this open space setbacks would be located on individual lots and
would be maintained by individual lot owners and not a separate outlots to be owned and
maintained by an organization established for ownership and maintenance. Tract A is not
considered common open space in that it will be not owned and maintained by the
Homeowners Association and could be developed in the future (though not for residential
purposes — agricultural uses could utilize the site).
Staff is not in support of the common open space waiver request.
Staff is recommending that common open space be provided for the PUD. Given the
limited number of lots proposed (9), that a separate outlot designated as open space be
designated but limit the total common open space to five -percent 5% of the total site (6.2
acres).
C. Section 27-6-120.B.6.c - That the uses which would be permitted shall 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 Chapter 22 of the Weld County
Code or master plans of affected municipalities.
The proposed PUD is located within the 3 -mile referral area of the Town of Berthoud and
the Town of Mead. The property borders the municipal limits of Mead to the north and
southwest. It is also located within the Weld County/Mead Cooperative Planning
Agreement boundary. No referral response has been received from either Berthoud or
Mead in regards to this application. The Town of Berthoud did respond to the sketch plan
application for this PUD and indicated that the PUD was consistent with the Town of
Berthoud Preferred Land Use Map (Low Density Rural Residential). Staff reviewed the
current Berthoud Preferred Land Use Map and confirmed that the PUD property is still
designated as Low Density Rural Residential.
D. Section 27-6-120.B.6.d - That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance
Standards in Article II the Weld County Code.
The Weld County Department of Public and Environment, in their referral dated
December 5, 2016 indicated that the proposed PUD has satisfied Chapter 27 in regards
to sewer service. The proposed PUD will be serviced by individual Septic Systems.
The proposed PUD will be serviced by a Little Thompson Water District. The County
Attorney's Office determined the water supply to be adequate after the applicant
committed to provide Handy Ditch shares to the Little Thompson Water District to meet
the requirement of the 5/31/2016 Little Thompson Water District water letter.
The Division of Water Resources, in their referral dated December 6, 2016, indicated that
the existing exempt well (permit #288016) on Tract D will either be plugged and
abandoned or must be included in an augmentation plan. The applicant has agreed in
writing to plug and abandon the existing exempt well on Tract D.
E. Section 27-6-120.B.6.e - 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 PUD Zone District.
PUDZ16-0002 - BEBO
County Road 3 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
F. Section 27-6-120.B.6.f - An off -site road improvements agreement and an on -site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable.
An Improvements Agreement and Road Maintenance Agreement is required prior to
recording the Final map for this site. Road maintenance including dust control, damage
repair, and triggers for improvements will be included.
G. Section 27-6-120.B.6.g - That there has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject site.
A portion of Tract D is located within the 100 -year floodplain.
Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
H. Section 27-6-120.6.B.h - Consistency exists between the proposed zone district(s), uses,
the specific or conceptual development guide.
The applicant is requesting that this PUD be approved as a conceptual development vs.
a specific development. The applicant is requesting a waiver from the 15% common open
space requirement and is also requesting a 70 -foot landscape setback from edge of the
internal road right-of-way (the standard setback in the Estate Zone District is 20 -feet).
Staff is not in support of a complete waiver from the 15% common open space
requirement and recommends at least 5% of the site be designated as common open
space.
A conceptual development requires a hearing before the Board of County Commissioners
at the final plan stage.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A) Agriculture to PUD with is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist
for the original parcel. (Department of Planning Services)
B. A complete Drainage Narrative is required prior to recording the Change of Zone plat.
(Department of Planning Services -Engineer)
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C. The applicant shall address the requirements of the Colorado Department of
Transportation (CDOT) as stated in their referral dated November 9, 2016. (CDOT)
D. An internal roadway design shall be submitted for review, showing radius of cul-de-sacs,
plan and profile drawings, proposed cross -sections, surface of proposed road, supporting
pavement study information, vehicular speeds and traffic signage. (Department of
Planning Services -Engineer)
E. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDZ16-0002. (Department of Planning
Services)
2. The applicant shall adhere to the plat requirements in preparation of the Change
of Zone plat per Section 23-2-690 of the Weld County Code. (Department of
Planning Services)
3. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E of
the Weld County Code. (Department of Planning Services)
4. All recorded easements shall be shall be shown and dimensioned on the Change
of Zone plat. (Department of Planning Services, Department of Public Works)
5. County Road 3 is a paved road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Department of Public Works)
6. County Road 42.5 right-of-way (within the Town of Berthoud) shall be delineated
on the plat. (Department of Planning Services)
7. Show the floodplain and floodway (if applicable) boundaries on the map. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study. (Department of Planning Services)
E. The Change of Zone is conditional upon the following and that each shall be placed on
the Change of Zone plat as notes prior to recording:
1. The site specific development plan is for a Change of Zone from (A) Agriculture
to PUD with 9 residential lots with E (Estate) Zone Uses along with an 58.02 acro
Agricultural outlot (Tract A) that will be non -buildable for residential purposes and
an outlot (Tract B) which encompasses the boundary of the 100 -year floodplain
and delineated as Common Open Space as indicated in the application materials
on file in the Department of Planning Services and subject and governed by the
Conditions of Approval stated hereon and all applicable Weld County
Regulations. (Department of Planning Services)
2. The Bulk Standards Requirement as delineated in Section 23-3-160, Table 23.4,
for Estate Zone Districts shall be adhered to for Lots 1-9. (Department of
Planning Services)
3. The Bulk Standards Requirement as delineated in Section 23-3-50 for the
Agricultural Zone District shall be adhered to for Tract A with the exception that
Tract A will be non -buildable for residential purposes. (Department of Planning
Services)
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4. Tract B is to be utilized as common open space and shall not be developed.
Developed shall be defined as: Any man-made change to improved or
unimproved real estate. including but not limited to buildings or other structures.
mining. dredging filling. grading. paving excavation or drilling operations or
storage of equipment or materials. (Department of Planning Services — Engineer)
5. Water service may be obtained from the Little Thompson Water District.
(Department of Public Health and Environment)
6. The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water
Quality Control Division and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system. (Department of
Public Health and Environment)
7. Language for the preservation and/or protection of the absorption field shall be
placed on the plat. The note shall state; Activity or use on the surface of the
ground over any part of the OWTS must be restricted to that which shall allow the
system to function as designed and which shall not contribute to compaction of
the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed. (Department of Public Health and
Environment)
8. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of Weld County Environmental Health Services, a
fugitive dust control plan must be submitted. (Department of Public Health and
Environment)
9. If land development creates more than a 25 -acre contiguous disturbance, or
exceeds 6 months in duration, the responsible party shall prepare a fugitive dust
control plan, submit an air pollution emissions notice application, and apply for a
permit from the Colorado Department of Public Health and Environment.
(Department of Public Health and Environment)
10. The historical flow patterns and runoff amounts on the site will be maintained.
(Department of Planning Services -Engineer)
11. Weld County is not responsible for the maintenance of onsite drainage related
features. (Department of Planning Services -Engineer)
12. A detailed floodplain study to establish base flood elevations may be required for
subdivision of or development on Tract A. (Department of Planning Services -
Engineer)
13. The property owner shall control noxious weeds on the site. (Department of
Public Works)
14. The access on the site shall be maintained to mitigate any impacts to the public
road including damages and/or offsite tracking. (Department of Public Works)
15. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized. (Department of Public Works)
16. A Flood Hazard Development Permit is required for all construction or
development occurring in the floodplain or floodway as delineated on Federal
Emergency Management Agency (FEMA) FIRM Community Panel Map
#08123C -1670E effective date January 20, 2016 (Little Thompson River
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Floodplain). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services -
Floodplain)
17. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to
the start of any development activities, the owner should contact Weld County to
determine if the floodplain boundaries have been modified. (Department of
Planning Services)
18. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
19. Personnel from Weld County Government shall be granted access onto the
property at any reasonable time in order to ensure the activities carried out on
the property comply with the Development Standards stated herein and all
applicable Weld County regulations. (Department of Planning Services)
20. The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and the Environment, and
Planning Services, and adopted Weld County Code and Policies. (Department of
Planning Services)
21. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within three (3) years of the date of the approval of
the PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the willingness
and ability to continue with the submission of the PUD Final Plan. The Board
may extend the date for the submission of the PUD Final Plan application and
shall annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that
the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District.
(Department of Planning Services)
22. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code. (Department of Planning Services)
23. No development activity shall commence on the property, nor shall any building
permits be issued, until the final plan has been approved and recorded. This
does not apply to the existing residence on the site. (Department of Planning
Services)
PUDZ16-0002 - BEBO
24. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has
some of the most abundant mineral resources, including, but not limited to, sand
and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised
Statutes, minerals are vital resources because (a) the state's commercial mineral
deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits
and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person
moving into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical
and geophysical locations. Moreover, these resources are protected property
rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
25. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties
in the country in total market value of agricultural products sold. 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 and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a
lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which
attract urban dwellers to rural Weld County would quickly be gone forever.
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; slow -moving farm vehicles on rural
roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of
nuisance wildlife; and the use of pesticides and fertilizers in the fields, including
the use of aerial spraying. It is common practice for agricultural producers to
utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be
a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community.
It is unrealistic to assume that ditches and reservoirs may simply be moved "out
of the way" of residential development. When moving to the County, property
owners and residents must realize they cannot take water from irrigation ditches,
lakes, or other structures, unless they have an adjudicated right to the water.
PUDZ16-0002 - BEBO
Weld County covers a land area of approximately four thousand (4,000) square
miles in size (twice the size of the State of Delaware) with more than three
thousand seven hundred (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. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People 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, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood.
F. The Change of Zone plat map shall be submitted to the Department of Planning Services'
for recording within sixty (60) days of approval by the Board of County Commissioners.
With the Change of Zone plat map, the applicant shall submit a digital file of all drawings
associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for Images
is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
G. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings
associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for Images
is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
PUDZ16-0002 - BEBO
March 17, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
BRUXVOORT KENT
5014 ROSE CT
FT COLLINS CO 80528
Subject: PUDZ16-0002 - A Change of Zone from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for 9 residential lots with E (Estate) Zone Uses along with a 58.02 acre
agricultural outlot (Tract A) that will be non -buildable for residential purposes.
On parcel{s) of land described as:
LOTAAMRE-3669; LOCATED IN PART E2SE4, ALONG WITH THE NE4SW4 AND THE W2SE4 TO
THE NORTH LINE OF THE LITTLE THOMPSON RIVER, ALL LOCATED IN SECTION 19, T4N, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 18, 2017, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 3, 2017 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing 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 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 a second sign posted 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 and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
‘_kbc
Kent Bruxvoort Consulting Engineers
March 7, 2017
Tracy Kosloff
Division of Water Resources
1313 Sherman Street, Room 821
Denver, CO 80203
RE: PUD Change of Zone Plat
Spanish Fox Estates
Dear Ms. Kosloff:
The Division of Water Resources (DWR) provided comments in a letter dated December 6, 2016 on the
above -referenced project located in Weld County, Colorado (Cast No. PUDZ16-0002), Water Division 1,
Water District 4. Specifically, DWR noted the following:
"Since Little Thompson Water District's (LTWD's) 2013 letter shows that anticipated demand
exceeds supply, and the 2016 letter of commitment did not explain if developer would provide
adequate supply for the proposed subdivision, our office cannot comment on the adequacy of the
proposed water supply under the provisions of Section 30-28-136(1)(h)(II), C.R.S. Further, it is
our opinion pursuant to Section 30-28-136(1)(h)(II), C.R.S. that material injury will occur to
decreed water rights unless the existing exempt well (well permit no. 288016) is included in a
decreed plan for augmentation or is properly plugged and abandoned."
This letter is in response to the two points offered by DWR above. First, the applicant owns Handy Ditch
Company shares in adequate quantity to meet the water supply needs of the subdivision, and has
discussed the acceptability of these shares with LTWD. The attached Rules and Regulations of LTWD
pertaining to water dedication indicate that acceptable dedication of water for residential taps can be met
with 0.14 Handy Ditch shares per 5/8" conservation tap or 0.28 Handy Ditch shares per 5/8" regular tap,
as applicable. Thus, for the proposed eight additional lots, the applicant will dedicate to LTWD either
1.12 or 2.24 Handy Ditch Company shares, as determined by LTWD depending on the applicable water
tap.
Second, the applicant agrees to properly plug and abandon the existing exempt well no. 288016
immediately after the final subdivision plat is recorded. In agreeing to do so, the applicant dots not
change his opinion that the well ought to remain an exempt well because no hydrologic or other material
change to the conditions of the well occurs with the mere subdivision of the property, with the use of
domestic water dedicated to LTWD for the needs of the subdivision.
KBC Engineers • 5014 Rose Court, Fort Collins, CO 80528 • cell: 970.219.2832
Tracy Kosloff
March 7, 2017
Page 2
If you have any questions, please do not hesitate to contact me.
Best regards,
KBC Engineers
Kent Bruxvoort, P.E.
Attachment
cc: Larry Bebo
Chris Gathman, Weld County Planning
KBC Engineers • 5014 Rose Court, Fort Collins, CO 80528 • cell: 970.219.2832
LITTLE THOMPSON WATER DISTRICT
Rules and Regulations
Section 1506.4 Schedule D — Water Dedication
Amended and Approved by the Board of Directors on January 9, 2014
Residential Taps
5/8 -Inch
Conservation Tap
5/8 -Inch
Regular Tap
Water Right
LTWD Credit
Acre -Feet per Share
Shares per tap
Shares per tap
C -BT
0.5
0.70
1.40
Home Supply'
3.5
0.10
0.20
Handy'
2.5
0.14
0.28
Cash -in -Lieu of Water'
-
$9,100
$18,200
Notes:
'There is an additional water court contribution fee of $250 per lot to cover the costs of taking
the water rights through the water court change of use process.
2Individual lot customers may be allowed to pay cash -in -lieu of dedicating water rights per
Section 1506.6 of the District's Rules and Regulations.
Non -Residential Taps
Minimum Water Dedication
Tap Size
5/8 -inch
Conserve
5/8 -inch
3/4 -inch
I -inch
11/2 -inch
2 -inch
> 2 -inch
Acre Feet
0.35
0.70
I.05
1.75
3.50
5.60
Based on
water use
C -BT Shares per tap
0.7
1.4
2.1
3.5
7
11.2
-
Home Supply Shares
per tap
0.1
0.2
0.3
0.5
1.0
1.6
Handy Shares per tap
0.14
0.28
0.42
0.7
1.4
2.24
-
Chris Gathman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi Larry,
Kent Bruxvoort <kbruxvoort@telesto-inc.com>
Friday, January 20, 2017 4:25 PM
larrylemplka@bigthompson.org
Marissa Bebo; Chris Gathman
PUDZ16-002, Spanish Fox Estates
FW_ PUDZ16-002 Soil District Response.pdf; Bebo-Change of Zone 7-27-2016.pdf;
Vicinity Map.pdf; LTWD_WillServe_Letter.pdf; Well 288016 Permit.pdf
Attached are 5 documents for reference:
1. A copy of your comments on the above -referenced project
2. A copy of the proposed Change of Zone plat
3. A vicinity map of the property area
4. LTWD will -serve letter
5. Existing well permit
I would be happy to prepare a letter to respond to your comments, but want to make sure I
understand your concerns. Let me provide a little bit of project information as background.
The property is not currently irrigated, but is used to grow dry land hay (refer to the Vicinity Map which
shows the lack of irrigation on the property). With the proposed subdivision to 9 large lots (5.3 acres
and larger), there will be no change to this practice, except to allow a small amount of the
landscaping around each home (consistent with a single-family home tap) to be watered. Thus, there
will continue to be no surface irrigation water usage.
Water to each home will be provided by Little Thompson Water District tap. The owner/developer will
dedicate suitable water to meet the development's residential water use requirement. The dedicated
water will be Handy Ditch shares. We will work with LTWD to provide the detail that the Colorado
Division of Water Resources is requesting.
The existing well is permitted as use -of -an -existing well, as shown in the attached permit, used for
home/garden irrigation, not to exceed one acre. The well is located on the 58 -acre outlot proposed
as an open space parcel.
The attached plat shows that all of the lots will be outside the Little Thompson River floodplain, and
thus no excavation or fill work within the floodplain will occur as a result of this
subdivision. Placement of the lots as proposed, with home sites well above the floodplain and away
from the river corridor will limit potential impacts to the floodplain, the riparian zone, or to habitat of
the species that use the river and its riparian zone. We believe that this large -lot, low density
development in this location is precisely the sort of limited development that will aid in sustainably
managing the land under the development.
Thanks for your reply to the Change of Zone application. Let me know what you require as adequate
to reply to your concerns.
1
Best regards,
-Kent
Kent Bruxvoort
Kent Bruxvoort, P.E.
Telesto Solutions, Inc.
3801 Automation Way, Suite 201
Fort Collins, CO 80525
970-484-7704
970-219-2832 (cell)
2
November 09, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
BRUXVOORT KENT
5014 ROSE COURT
FORT COLLINS, CO 80528
Subject: PUDZ16-0002 - A Change of Zone from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for 9 residential lots with E (Estate) Zone Uses along with a 58.02 acre
agricultural outlot (Tract A) that will be non -buildable for residential purposes.
On parcel(s) of land described as:
NE4SW4 SECTION 19, T4N, R68W & W2SE4 N LN OF LITTLE THOMPSON RIVER OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
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 following Planning Departments for their review and comments:
Berthoud at Phone Number 970-532-2643
Mead at Phone Number 970-535-4477
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
5 f
(C -
Chris Gathman
Planner
1
Chris Gathman
From:
Sent:
To:
Cc:
Subject:
Kent,
Bob Choate
Friday, June 17, 2016 12:00 PM
Kent Bruxvoort
Chris Gathman
RE: LTWD Commitment to Serve Letter, Spanish Fox Estates P.U.D.
I hope you are doing well today. The Planning Department generally sends me a request for referral related to the water
sufficiency of subdivisions, including subdivisions accomplished via the PUD process (in this case, as required by Weld
County Code 27-6-50.B.9). Although the Little Thompson Water District's May 31, 2016 letter commits to providing
service to eight additional residential lots (with some restrictions), I am most concerned about the statement: "Little
Thompson Water District does not currently accept cash in lieu payments for water rights for developments. You will be
required to provide water rights to meet the projected needs of the proposed development."
Does the developer have water rights available? If so, are they immediately available for residential use, or will they
require a change of use or other court authorization first? Has the developer dedicated those water rights to the
development? Feel free to call or email if you want to discuss.
Please say hello to Walt for me — he helped us out significantly on a recent mining/water storage issue.
Thanks,
Bob Choate
Assistant Weld County Attorney
1 150 "O" Street: P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoate@weldgov.com
.,r7=L'7=t"---aOF OONFIDENiALIY & DIS :L2'-IVF= • -- e f-- -r.a_ iof contained in r".e ,age
attorney f , __e^ed afd confidential, fftefded of -v for t e .. e of the ffdrvid.wa- of
eat --v --anec above. If the reader of this meage fo not The intended recipient, you are
nerebv "'o- -e0 :ha- a^v d .; ,eni: at -,cm, c'tribntion or copy of T-'1 email la .-,Triot_v
prohibited. If yon have received t-nr er.iaf_ if error, n -ea e notify .a .s :Eu.ediafe-y by
rep_ying dad de-ete the re:,age. '-hank yon.
From: Kent Bruxvoort [mailto:kbruxvoort@telesto-inc.com]
Sent: Friday, June 10, 2016 3:32 PM
To: Bob Choate <bchoate@co.weld.co.us>
Subject: LTWD Commitment to Serve Letter, Spanish Fox Estates P.U.D.
Hi Bob,
1
I've been working with Chris Gathman on a 9 -lot PUD subdivision off CR3 and %2 mile south of Hwy 56, east
of Berthoud. The project came through the Sketch Plan process as "Estates at Coyote Run", but we changed the
name due to the existence of other Coyote Run projects.
We are ready to submit for Change of Zone. I've attached the Change of Zone plat for reference, and the
commitment -to -serve letter from LTWD.
Chris wanted me to forward the LTWD letter to you for acceptance at this stage of the process. Please let me
know if you have any questions.
Best regards,
-Kent
Kent Bruxvoort
Kent Bruxvoort, P.E.
Telesto Solutions, Inc.
3801 Automation Way, Suite 201
Fort Collins, CO 80525
970-484-7704
970-219-2832 (cell)
2
Chris Gathman
From:
Sent:
To:
Cc:
Subject:
Kent,
Bob Choate
Thursday, September 29, 2016 2:32 PM
Kent Bruxvoort
Chris Gathman
RE: LTWD Commitment to Serve Letter, Spanish Fox Estates P.U.D.
With this additional information, I'm satisfied regarding the water issue. Thanks for following up.
Bob Choate
Assistant Weld County Attorney
1 150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoatc(ciweldgov.com
S___F 1FNl fl -'0NF--.,I;_-.L ocotaload 'a --h-o er-a' ire , age
is a-tcroey nr-,--eged cod ,.00f-cent-a-,--teoced oo-v for tee ._se of the '-c-ca- or
e=t --y amed above. -f t e leader of t=h rie rage _pct the ' a =ended. fee-p-ent, yo .a are
hereby =o ---led. ode: a _v O' .sera-_iat-c_z, O' strihj =-o- o- copy of t=h ee.a-- strictly
proh-k-led. If yea have received --1-:, ern.-- '- error, please oo--fry a.s on ed .-e-r' by
rep -y' -g aeo delete the message. rheok yo.
From: Kent Bruxvoort [mailto:kbruxvoort@telesto-inc.com]
Sent: Tuesday, September 20, 2016 2:45 PM
To: Bob Choate <bchoate@co.weld.co.us>
Cc: Chris Gathman <cgathman@co.weld.co.us>
Subject: RE: LTWD Commitment to Serve Letter, Spanish Fox Estates P.U.D.
Hi Bob,
This is a follow-up to my last email. I talked with the land owner for the above -referenced project, Larry
Bebo. He has met with LTWD about their raw water requirements, and they will accept Handy Ditch Company
shares among other acceptable water shares. Mr. Bebo already has an adequate number of Handy Ditch shares
that he will turn over to LTWD to meet the RWR. I don't know all the specifics of this transaction, so I can't
address your question re. change of use.
Hopefully this is enough to give you what you and Chris are looking for. If you need me to track down more
info, I can contact LTWD.
i
Best regards,
-Kent
Kent Bruxvoort
Kent Bruxvoort, P.E.
Telesto Solutions, Inc.
3801 Automation Way, Suite 201
Fort Collins, CO 80525
970-484-7704
970-219-2832 (cell)
From: Bob Choate [rnailto:bchoatc(u co.weld.co.us]
Sent: Friday, June 17, 2016 12:00 PM
To: Kent Bruxvoort<khru.xvoortrii:lcicsto-inc.com>
Cc: Chris Gathman <cgathman(iico.wcld.co.us>
Subject: RE: LTWD Commitment to Serve Letter, Spanish Fox Estates P.U.D.
Kent,
I hope you are doing well today. The Planning Department generally sends me a request for referral related to
the water sufficiency of subdivisions, including subdivisions accomplished via the PUD process (in this case, as
required by Weld County Code 27-6-50.B.9). Although the Little Thompson Water District's May 31, 2016
letter commits to providing service to eight additional residential lots (with some restrictions), I am most
concerned about the statement: "Little Thompson Water District does not currently accept cash in lieu payments
for water rights for developments. You will be required to provide water rights to meet the projected needs of
the proposed development."
Does the developer have water rights available? If so, are they immediately available for residential use, or will
they require a change of use or other court authorization first? Has the developer dedicated those water rights to
the development? Feel free to call or email if you want to discuss.
2
Please say hello to Walt for me — he helped us out significantly on a recent mining/water storage issue.
Thanks,
Bob Choate
Assistant Weld County Attorney
U50 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoatc(rcldvoy.com
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message
is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the
reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution
or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately
by replying and delete the message. Thank you.
From: Kent Bruxvoort[mailto:kbruxvoort(oelcsto-inc.com]
Sent: Friday, June 10, 2016 3:32 PM
To: Bob Choate <bchoatc(cr;co.wcld.co.us>
Subject: LTWD Commitment to Serve Letter, Spanish Fox Estates P.U.D.
Hi Bob,
I've been working with Chris Gathman on a 9 -lot PUD subdivision off CR3 and V2 mile south of Hwy 56, east
of Berthoud. The project came through the Sketch Plan process as "Estates at Coyote Run", but we changed the
name due to the existence of other Coyote Run projects.
We are ready to submit for Change of Zone. I've attached the Change of Zone plat for reference, and the
commitment -to -serve letter from LTWD.
Chris wanted me to forward the LTWD letter to you for acceptance at this stage of the process. Please let me
know if you have any questions.
3
Best regards,
-Kent
Kent Bruxvoort
Kent Bruxvoort, P.E.
Telesto Solutions, Inc.
3801 Automation Way, Suite 201
Fort Collins, CO 80525
970-484-7704
970-219-2832 (cell)
4
FIELD CHECK inspection dates: 4/1/2017
APPLICANT: Lawrence & Jacquelyn Bebo C/O Kent Bruxvoort — KBC Engineers
CASE #: PUDZ16-0002
REQUEST: A Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for 9 residential lots with E (Estate) Zone Uses along with a 58.02
acre agricultural outlot (Tract A) that will be non -buildable for residential purposes.
LEGAL: Lot A AMRE-3669; Located in part of the E2SE4, along with the NE4SW4 and the
W2SE4 to the North line of the Little Thompson River, all located in Section 19, T4N,
R68W of the 6TH P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 3 and 0.5 miles south of State Highway 56.
PARCEL ID #s: 1061-19-0-00-039 & 1061-19-4-00-081
ACRES:
+/- 124.68 acres
Zoning
Land Use
N
A
N
Cropland
E
A
E
Cropland
S
A
S
Cropland/Residences on rural lots
W
A
W
Cropland/shooting range
COMMENTS:
Existing residence on a portion of the lot. Existing paved access lined with trees into site.
Chris Gathman - Planner III
Hello