HomeMy WebLinkAbout20150953.tiff PUD FINAL PLAT
ADMINISTRATIVE REVIEW
CASE No: PUDF15-0001 Hearing Date: April 15,
2015
PLANNER: Kim Ogle
APPLICANT: Robert& Karen Nolan
ADDRESS: 2296 Glenn Haven Drive, Loveland, Colorado 80537
REQUEST: Request for a Minor Amendment to PF-1129 (The Home Ranch PUD) to remove the
building envelope on Lot 2, Block 1 of The Home Ranch PUD
LEGAL: Lot 2, Block 1 of The Home Ranch PUD (PF-1129); located on Lot A of RE-4545; being
part of Section 32, T7N, R67W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to County Road 74 and 1/4 mile east of County Road 15
ACRES: 3.005 acres, more or less
PARCEL#s: 0705-32-3-01-002
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 27-7-30
of the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows:
A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23 ,24
and 26 of the Weld County Code
22-2-120 C. R.Goal 3. of the Weld County Code 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 requested Planned Unit Development (PUD) amendment will be modifying an
already approved PUD to remove a building envelope. Building envelopes were not
required as a condition of approval for the original PUD and will not affect the
compatibility of the PUD with existing surrounding land uses.
B. Section 27-7-40.C.2--That 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.
The Home Ranch PUD Final Plan Minor Amendment
PUDF15-0001,Page 1
Removal of building envelopes will not change the uses allowed under the original PUD.
C. Section 27-7-40.C.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 Chapter 22 of the Weld County
Code or master plans of affected municipalities.
The proposed PUD change of zone amendment is located within the 3-mile referral areas
of the Towns of Severance and Windsor. Both Towns returned referral responses
indicating no conflict with their interests.
D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to
the site to serve the uses permitted within the proposed PUD in compliance with the
performance standards in Article II, Chapter 27 of the Weld County Code.
The existing "The Home Ranch PUD" is approved to be served by the North Weld County
Water District and by Individual Sewage Disposal Systems.
E. Section 27-7-40.C.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 PUD Zone District.
The approved PUD has an approved access onto County Road 74.
F. Section 27-7-40.C.6 In the event the street or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and financial
capacity to upgrade the street or highway facilities in conformance with the
Transportation Sections of Chapters 22, 24 and 26, if applicable.
An improvements agreement and collateral was accepted by the Board of County
Commissioners on May 14, 2008 for internal roadway improvements for The Home
Ranch PUD. The Board of County Commissioners approved the partial cancellation and
release of collateral for the Home Ranch on September 15, 2008. The Board of County
Commissioners approved the cancellation and release of collateral for The Home Ranch
on August 17, 2009.
G. Section 27-7-40.C.7 -- 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.
The original change of zone application demonstrated compliance with overlay districts,
commercial mineral deposits, and soil conditions. The applicant addressed comments
pertaining to an existing oil and gas interest on the site and comments from the Colorado
Geological Survey during the original change of zone application process. This proposed
PUD amendment does not impact or change any of these comments that were received
during the original application.
H. Section 27-7-40.C.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 removal of building envelope on Lot 2 Block 1 does not change the specific
development guide that was submitted with the original final plan application.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral agencies.
The Home Ranch PUD Final Plan Minor Amendment
PUDF15-0001,Page 2
The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
1. Prior to Recording the PUD Final Plat:
A. The Plat shall be amended to include the following:
1. The Plat shall be labeled PUDF15-0001
2. The PUD Plat prepared in accordance with Section 27-9-20.A through 27-9-20.K,
except it shall delineate only Lot 2, Block 1, The Home Ranch. P.U.D. and the
change to the building envelope. (Department of Planning Services)
3. All utility easements shall conform to Section 24-7-60 of the Weld County Code
and adhere to the requirements of the Weld County Utility Advisory Committee
(April 10, 2008 Utility Board Hearing). (Utility Advisory Committee)
4. Label all utility easements as "drainage and utility easement." (Department of
Planning Services)
5. All easements are required to be shown per book and page and/or Reception
number and date. (Department of Planning Services)
B. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, 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)
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes
prior to recording:
A. The Final Plat allows for PUD zoning for eight (8) lots with E (Estate) Zone uses, along
with 7.07 acres of open space, as indicated in the application materials on file, and
subject to, and governed by, the Conditions of Approval stated hereon and all applicable
Weld County regulations.
B. The purpose of this new PUD Plat is to remove the building envelope from Lot 2, Block 1
of The Home Ranch PUD. (Department of Planning Services)
C. The open space lot is non-buildable for residential structures or structures providing
habitable space. (Department of Planning Services)
D. Approval of this plan may create a vested property right pursuant to Section 23-8-20 of
the Weld County Code.
D. Water service shall be obtained from the North Weld County Water District.
The Home Ranch PUD Final Plan Minor Amendment
PUDF15-0001,Page 3
E. This PUD is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall 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.
F. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land disturbance
is greater than, or equal to, one (1) acre in area. The applicant shall contact the
Colorado Department of Public Health and Environment, Water Quality Control Division,
at www.cdphe.state.co.us/wq/PermitsUnit, for more information.
G. 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 the Weld County Department of Public Health and Environment, a Fugitive Dust
Control Plan must be submitted.
H. In accordance with the Regulations of the Colorado Air Quality Control Commission, any
development that disturbs more than five (5) acres of land must incorporate all available
and practical methods which are technologically feasible and economically reasonable in
order to minimize dust emissions.
If land development creates more than a 25-acre contiguous disturbance, or exceeds six
(6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan,
submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado
Department of Public Health and Environment.
A Homeowners' Association shall be established prior to the sale of any lot. Membership
in the Association is mandatory for each parcel owner. The Association is responsible for
liability insurance, taxes and maintenance of open space, streets, private utilities, and
other facilities, along with the enforcement of Covenants.
J. The Weld County Sheriff's Office has limited traffic enforcement powers on roadways
within subdivisions that are not maintained by the County.
K. All landscaping within the site distance triangles must be less than 3.5 feet in height at
maturity.
L. The internal roadways of gated communities shall be maintained by the Homeowners'
Association.
M. Weld County's Right to Farm statement, as delineated on this plat, shall be recognized at
all times.
N. Stop signs and street name signs will be required at all intersections.
O. All signs, including entrance signs, shall require building permits. All signs shall adhere to
Article IV Division 2 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services).
P. Building Permits issued on the lot will be required to adhere to the fee structure of the
The Home Ranch PUD Final Plan Minor Amendment
PUDFIS-0001,Page 4
County-Wide Road Impact Fee Program. (Department of Planning Services)
Q. Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning
Services)
R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
S. New buildings shall conform to the requirements of the various codes adopted at the time
of permit application. Currently, the following has been adopted by Weld County: 2012
International Codes, 2006 International Energy Code and the 2011 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
T. Activities such as permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the septic absorption field site.
U. Building height shall be measured in accordance with the applicable Building Code for
the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine compliance with offset
and setback requirements. Offset and setback requirements are measured to the
farthest projection from the building. Property lines shall be clearly identified and all
property pins shall be staked prior to the first site inspection.
V. Prior to release of building permits for residential construction, a letter of approval from
the Windsor-Severance Fire Protection District shall be provided to the Department of
Building Inspection.
W. The property owner shall be responsible for complying with the Performance Standards
of Chapter 27, Articles II and VIII, of the Weld County Code.
X. 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)
Y. The site shall maintain compliance, at all times, with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, and Planning Services,
and adopted Weld County Code and policies.
Z. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
AA The historical flow patterns and runoff amounts will be maintained on the site.
AB. No development activity shall commence on the property, nor shall any building permits
be issued on the property, until the Final Plan has been approved and recorded.
The Home Ranch PUD Final Plan Minor Amendment
PUDF15-0001,Page 5
AC. Section 27-8-70 of the Weld County Code - Failure to commence a PUD 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 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 of County Commissioners 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 of County
Commissioners 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.
AD. Section 27-8-80.A of the Weld County Code - 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.
AE. Section 27-8-80.B of the Weld County Code - Any PUD Zone District approved in a Final
Plan shall be considered as being in compliance with Chapter 24 of the Weld County
Code and Section 30-28-101, C.R.S., et seq.
AF. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of
the Weld County Code.
4. Upon completion of 1 and 2 above, the applicant shall submit one (1) paper copy of the plat and
one electronic .pdf for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other
documentation required as conditions of approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be
prepared in accordance with the requirements of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within thirty (30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording
fee.
5. Section 27-8-60 of the Weld County Code - 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.
6. Prior to Construction:
The Home Ranch PUD Final Plan Minor Amendment
PUDF16-0001,Page 6
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. Contact the Planning Department for application information. (Department of
Planning Services-Engineer)
The Home Ranch PUD Final Plan Minor Amendment
PUDFIS-0001,Page 7
N DEPARTMENT OF PLANNING SERVICES
1`y 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
o, PHONE:
, (970) 353-6100, Ext. 3549
y C V T FAX: (970) 304-6498
January 23, 2015
NOLAN ROBERT F
2296 GLEN HAVEN DR
LOVELAND, CO 805384903
Subject: PUDF15-0001 - REQUEST FOR A MINOR AMENDMENT TO PF-1129 (THE HOME RANCH
PUD) TO REMOVE THE BUILDING ENVELOPE ON LOT 2 BLOCK 1 OF THE HOME RANCH PUD.
On parcel(s) of land described as:
LOT 2 BLOCK 1 HOME RANCH; PART OF SECTION 32, T7N, R67W 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 Commission(s)for their review and comments:
Severance at Phone Number 970-686-1218
Windsor at Phone Number 970-674-2400
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. 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.
If you have any questions concerning this matter, please call.
Respectfully,
Lc_
J Digitally signed by Kristine Ranslem
Reason:I am the author of this document
Date:2015.01.23 08:13:19-07'00'
Kim Ogle
Planner
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