HomeMy WebLinkAbout20143169.tiff LAND USE APPLICATION
SUMMARY SHEET
✓ PLANNED UNIT DEVELOPMENT FINAL PLAN
CASE NUMBER: PUDF14-0007 HEARING DATE: October 22, 2014
PLANNER: Kim Ogle
APPLICANT: Ann Elizabeth Nash and Jonathon Scupin
do Matthew Crowther with Jorgensen Brownell & Pepin, P.C., Longmont, CO
ADDRESS: 13941 Elmore Road, Longmont, Colorado 80504
REQUEST: PUD Final Plan for one (1) residential lot with Estate Zone Uses, Scupin-Nash
PUD
LEGAL DESCRIPTION: Lot 2, Block 2 Seemore Heights First Addition being part of the NW4 of Section
30 Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to Elmore Road (County Road 1.5) and South of Hwy 66
ACRES: +1-4.04 PARCEL NUMBER: 1207-30-2-04-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County
Code as follows
The Department of Planning Services' staff has received responses with comments from the following
agencies:
Weld County Department of Zoning Compliance, referral dated July 24, 2014
Weld County Department of Building Inspection, referral dated July 29, 2014
Weld County Department of Public Works, referral dated August 6, 2014
Weld County Department of Public Health & Environment, referral dated August 19, 2014
Weld County Department of Public Works—Access, referral dated August 26, 2014
The Department of Planning Services' staff has received responses without comments from the following
agencies:
E Town of Frederick, referral dated July 24, 2014
City of Longmont, referral dated July 28, 2014
Weld County Sheriff's Office, referral dated August 19, 2014
Mountain View Fire Protection District, referral dated August 20, 2014
The Department of Planning Services' staff has not received responses from the following agencies
Town of Mead i St. Vrain School District RE-1J
Town of Firestone i Colorado Parks and Wildlife
Boulder County Planning i Colorado Department of Transportation
Long's Peak Water District
PUDF14-0007 Ann Elizabeth Nash and Jonathon Scupin—Scupin Nash PUD 1
R PUD FINAL PLAN
J;1'
1
CASE NUMBER: PUDF14-0007 HEARING DATE: October 22, 2014
PLANNER: Kim Ogle
APPLICANT: Ann Elizabeth Nash and Jonathon Scupin
do Matthew Crowther with Jorgensen Brownell & Pepin, P.C., Longmont, CO
ADDRESS: 13941 Elmore Road, Longmont, Colorado 80504
REQUEST: PUD Final Plan for one (1) residential lot with Estate Zone Uses, Scupin-Nash
PUD
LEGAL DESCRIPTION: Lot 2, Block 2 Seemore Heights First Addition, being part of the NW4 of Section
30 Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to Elmore Road (County Road 1.5) and South of Hwy 66
ACRES: +1-4.04 PARCEL NUMBER: 1207-30-2-04-002
Narrative:
The applicant is seeking to retain an existing use, which is in violation of current land use regulations,
for the operation of an animal rescue operation, thus exceeding the allowable number of household
pets in an established residential subdivision. The property received approval for a Change of Zone
on October 30, 2013 from R-1 Low Density Residential to E — Estate, thereby allowing Ann Elizabeth
Nash and Jonathon Scupin, owners of the Colorado Reptile Humane Society, to apply for a Site
Specific Development Plan and Special Use Permit, USR14-0040, for a kennel. As stated, there is
an active Zoning Violation (ZCV12-00040) on the property, initiated due to the operation of a kennel
(or more than 4 household pets of one species) without first completing the necessary Weld County
Zoning Permits. If this application is approved by the Board of County Commissioners, conditions of
approval met and the USR Map recorded, this action will correct this outstanding violation. If this
application is denied, the number of household pets shall be reduced to 4 (four) or a combination of 2
or more species totaling no more than seven (7), within thirty (30) days of denial or the violation will
proceed in court accordingly.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMENDS 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 and any intergovernmental agreement in effect influencing the
PUD.
1. Section 22-3-50.8.1: P.Goal 2 -- Require adequate facilities and services to
assure the health, safety and general welfare of the present and future residents
of the County." The PUD will be serviced by Longs Peak Water District and On-
site Water Treatment Systems that will handle the effluent flow.
2. Section 27-2-140: Nonurban scale development. Nonurban scale developments
are developments comprised of nine (9) or fewer residential lots, located in a
nonurban area as defined in Chapter 22 of this Code, not adjacent to other
PUDs, subdivisions, municipal boundaries or urban growth corridors. Nonurban
scale development shall also include land used, or capable of being used, for
agricultural purposes and including development which combines clustered
residential uses and agricultural uses in a manner that the agricultural lands are
suitable for farming and ranching operations for the next forty (40) years.
Nonurban scale development on public water and septic systems may have a
minimum lot size of one (1) acre and an overall gross density of two and one-half
(2%) acres per septic system. Nonurban scale development proposing individual,
private wells and septic systems shall have a minimum lot size of two and one-
half(2%) acres per lot. Nonurban scale developments located outside the RUA
area are not subject to the common open space requirement. This definition does
not affect or apply to those coordinated planning agreements between the
County and municipalities which are in effect as of May 14, 2001. (Weld County
Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County
Code Ordinance 2006-2)
The site is not located within an Urban Growth Boundary Area, Regional
Urbanization Area overlay district, or urban development node, or adjacent to
other municipal boundaries, or urban growth corridors. The site is a single parcel
of land located within an Seemore Heights subdivision developed with paved
roads, gravel shoulders and without sidewalks. The site is within the Longmont
Intergovernmental Agreement Area, adjacent to the Nesting Crane Planned Unit
Development to the east, and is within the Seemore Heights subdivision. This
proposed one parcel PUD is being created to bring a violation of use, an animal
rescue kennel, into compliance. Given this circumstance, Planning is not
requiring urban scale development standards to be employed.
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 applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District for the single residential lot.
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 site is within the three
mile referral area for the Towns of Frederick, Firestone, Mead, City of Longmont and
Boulder County. The Town of Frederick and City of Longmont indicated no conflict with
their interests in referral responses received July 24, 2014 and July 28, 2014
respectively. The Towns of Firestone and Mead and Boulder County did not return a
referral. The surrounding uses are agricultural in nature with large tract residential parcels
having agricultural uses in each direction. The Department of Planning Services believes
that the granting of this PUD Final Plan will have a minimal impact on the surrounding
land uses.
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 residential
lot will be serviced by Long's Peak Water District. Long's Peak Water District submitted a
letter dated August 10, 2012 stating the District provides domestic water service to this
address via one standard residential water tap. Service is provided without restrictions.
The Weld County Department of Public Health and Environment has indicated in a
referral response dated August 19, 2014 that the application has satisfied Chapter 27 of
the Weld County Code in regard to water and sewer service.
PUDF14-0007 Ann Elizabeth Nash and Jonathon Scupin—Scupin Nash PUD page 3
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 Weld County Public
Works Department reviewed this request and recommended approval as stated in their
referral dated August 6, 2014.
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. The Weld County
Department of Public Works has indicated in their referral dated August 6, 2014 a traffic
study for the proposed subdivision was not required and no off-site improvements are
required for County Road 1.5, Elmore Road. County Road 1.5 Elmore Road is classified
as a local paved roadway with 60-foot right-of-way. No additional traffic is anticipated.
Vehicular traffic circulation will continue to be provided by Elmore Road which connects
to State Highway 66. The Colorado Reptile Humane Society has no employees; one
volunteer visits the site two days during the week and two to four volunteers visit the site
each Saturday. Others may visit by appointment only.
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 site does not lie within any
overlay districts.
The Colorado Geological Survey (CGS) did not review this case as the structures
associated with the Colorado Reptile Humane Society have been erected and there are
no additional structures planned. Further the property is not encumbered by a geo-
hazard, airport overlay area designation or in a Special Flood hazard area.. The property
is within the Longmont Coordinated Planning Area. The City of Longmont returned the
Notice of Inquiry Form indicating "The City has no objections to the application. Formal
comments will be generated at time of referral." The City of Longmont in their referral
dated July 28, 2014 indicated they had reviewed the request and find no conflicts with
their interests.
The Weld County Department of Building Inspection in their referral dated July 29, 2014,
has indicated that each building will require a building and electrical permit per Section
29-3-10 of the Weld County Code for any new structures, additions or renovations to any
structures. Further, Weld County Building Department records do not indicate a building
permit was pulled for the existing shop, the Assessors records show the structure was
built in 2004. A change of use building permit will be required for the existing shop; an
Agreement Concerning Existing As-Built Construction can be used to show compliance
with structural, electrical and mechanical requirements.
The applicant shall address the County-wide Road Impact Fee Program at time of
building permits and adhere to the fee structure, or any adopted fee structure in place, as
required.
Building permits issued on the subject site will be required to adhere to the fee structure
of the County Facility Fee and the Drainage Impact Fee Programs.
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 proposed PUD Final Plan uses are compatible with the criteria listed in the
developmental guide included in the application materials.
PUDF14-0007 Ann Elizabeth Nash and Jonathon Scupin—Scupin Nash PUD page 4
The Plat shall be amended to include the following:
1. All sheets of the plat shall be labeled PUDF14-0007. (Department of Planning
Services)
2. The Final Plan shall be prepared in accordance with Chapter 27, Article IX,
Section 27-9-20 of the Weld County Code.
3. "Weld County's Right to Farm" statement as provided in Section 22-2-20.J.2 of
the Weld County Code shall be placed on any recorded plat and recognized at all
times. (Departments of Public Health and Environment and Planning Services)
4. County Road 1.5, Elmore Road, is designated on the Weld County Road
Classification Plan as a local paved road, which requires 60 feet of right-of-way
at full build out. There is presently 60 feet of right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County. (Department of
Public Works)
5. Delineate and label approved access number; AP14-00349, both locations.
(Department of Public Works)
6. Easements shall be shown on the final plat in accordance with Weld County
Code Section 24-7-60. (Department of Planning Services)
7. Delineate all recorded easements by Reception number, and or, Book and Page
on the Final Plat. (Department of Planning Services)
8. The plat certificates shall adhere to Section 27-9-20.M of the Weld County Code.
(Department of Planning Services)
9. All text throughout the plans shall be legible and consistent. Modify and separate
all overlapping numbers, text and details. (Department of Planning Services)
J. The Final Plat is conditional upon the following and that each be placed on the Final Plat
as notes prior to recording:
1. PUD Final Plan for one (1) residential lot with E— Estate Zone District uses,
Scupin Nash PUD. (Department of Planning Services)
2. The residential lot shall adhere to the bulk standards of the (E) Estate Zone
District. (Department of Planning Services)
3. Water service shall be obtained from Longs Peak Water District. (Department of
Public Health and Environment)
4. This subdivision 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.
(Department of Public Health and Environment)
PUDF14-0007 Ann Elizabeth Nash and Jonathon Scupin—Scupin Nash PUD page 5
5. Language for the preservation and/or protection of the absorption field shall be
placed on the plat. The note shall state that activities such as permanent
landscaping, structures, dirt mounds or other items are expressly prohibited in
the absorption field site. (Department of Planning Services)
6. The historical flow patterns and run-off amounts will be maintained on site.
(Department of Public Works)
7. 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. (Department of
Planning Services)
8. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat. (Department of Planning Services)
9. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County Wide Road Impact Program. (Department of Planning
Services)
10. 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)
11. Necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
12. The site shall maintain compliance at all times with the requirements of the Weld
County Government and the adopted Weld County Code and Policies.
(Department of Planning Services)
13. Buildings and structures 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 Building Code; 2012 International
Mechanical Code; 2012 International Plumbing Code:; 2012 International Fuel
Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
14. Weld County does not maintain drainage related facilities. (Department of Public
Works)
15. The historic flow patterns and run-off amounts will be maintained on site.
(Department of Public Works)
16. At the time of upgrade or widening of Elmore road, the fence shall be required to
be relocated out of the future right-of-way and shall meet the existing or future
right-of-way line at the expense of the property owner. (Department of Public
Works)
17. 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)
PUDF14-0007 Ann Elizabeth Nash and Jonathon Scupin—Scupin Nash PUD page 6
18. 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.
19. 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, et seq., CRS.
K. Prior to recording the Final Plan:
1. The applicant shall bring the property into compliance with the Weld County
Building Department. Department records do not indicate a building permit was
pulled for the existing shop, the Assessors records show the structure was built
in 2004. A change of use building permit will be required for the existing shop; an
Agreement Concerning Existing As-Built Construction can be used to show
compliance with structural, electrical and mechanical requirements.
L. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies and
one (.pdf) of the plat 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
Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements
shall be submitted within thirty (30) days from the date the Administrative Review was
signed. The applicant shall be responsible for paying the recording fee.
M. 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
PUDF14-0007 Ann Elizabeth Nash and Jonathon Scupin—Scupin Nash PUD page 7
,t- DEPARTMENT OF PLANNING SERVICES
i ti1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
tot � E-MAIL: kogle@co.weld.co.us
!. PHONE: (970)353-6100, Ext. 3549
X ? FAX: (970)304-6498
July 24, 2014
CROWTHER MATTHEW
7916 10TH STREET
GREELEY, CO 80631
Subject: PUDF14-0007 - A PUD (PLANNED UNIT DEVELOPMENT) FINAL PLAN APPLICATION FOR
ONE (1) RESIDENTIAL LOT WITH ESTATE ZONE USES
On parcel(s)of land described as:
LOT 2 BLOCK2 SEEMORE HEIGHTS 1ST ADDN; PART OF SECTION 30, T3N, R68W 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:
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
Mead at Phone Number 970-535-4477
Longmont at Phone Number 303-651-8601
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.
. n Digitally signed by Kristine Ranslem
"�,',,,,,"`I)QJ/�'^ Rasan:l am the author of this document
Date:2014.07.2413:46:30-06'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: October 2014
CASE NUMBER: PUDZ13-0002 HEARING DATE: October 22, 2014
APPLICANT: Ann Elizabeth Nash and Jonathon Scupin
do Matthew Crowther with Jorgensen Brownell & Pepin, P.C., Longmont,
CO
ADDRESS: 13941 Elmore Road, Longmont, Colorado 80504
REQUEST: Final Plan for a one Lot PUD (Planned Unit Development) with E — Estate
Zone District uses
LEGAL: Lot 2 Block 2 Seemore Heights First Addition, being part of the NW4 of
Section 30 Township 3 North, Range 68 West of the 6th P.M., Weld
County, Colorado
LOCATION: West of and adjacent to Elmore road, South of Hwy 66
ACRES: 4.03 acres, more or less
Zoning Land Use
N R-1 (Low Density Residential) N Single Family Residence with outbuildings
E Agriculture E Single Family Residence with outbuildings
S R-1 (Low Density Residential) S Single Family Residence with outbuildings
W R-1 (Low Density Residential) W Single Family Residence with outbuildings
Comments:
The property has an opaque fence fronting Elmore road. Gated accesses are sited at the North
and South property lines, each has a outbuilding at the end of the access drive. The south
access also serves the residence. The residence is a passive solar design facing south. A
garden oriented to the south fronts residence. There is a fenced enclosure to the West of the
house with pastureland farther to the west. The property is completely fenced and has mature
landscape treatment on built areas of property
Elmore Road is a paved road with utilities present. The mailbox for the residence identifies the
location as the Colorado Reptile. The subdivision is built out with single family residences and
outbuildings
Signature
❑ House(s) ❑ Outbuilding(s) ❑ Access to Property
❑ Site Distance ❑ Other Animals On-Site
Note any commercial business/commercial vehicles that are operating from the site.
Colorado Reptile—A Kennel for snakes and reptilian animals in the R-1 Low Density Zone District, Not an
allowed use
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