HomeMy WebLinkAbout20143171.tiff PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT it/AMOUNT ft /$ CASE it ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 2 0 7 - 3 0 - 2 - 0 4 -0 0 2
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us)
(Include all lots being included in the application area.If additional space is required,attach an additional sheet.)
Legal Description Lot 2 Block 2 Seemore Heights , Section 30,Township 3 North, Range 68 West
Property Address (If Applicable) 13941 Elmore Road,Longmont
Existing Zone District: R1 Proposed Zone District: PUP Total Acreage: 4,03 Proposed U/Lots 1
Average Lot Size: 4.03 Minimum Lot Size: 4.03 Proposed Subdivision Name: Elmore Road PUD
Proposed Area (Acres) Open Space:
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: Jonathan Scupin and Ann-Elizabeth Nash
Work Phone U (303)818-3520 Home Phone# Email Address aenash@gmail.com
Address: 13941 Elmore Road
City/State/Zip Code Longmont,CO 80504
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Matthew Crowther
Work Phone U (970)304-0075 Home Phone U Email Address mcrowther@jbplegal.com
Address: 916 10th Street
City/State/Zip Code Greeley,co 80631
UTILITIES: Water: Long's Peak Water District
Sewer: septic
Gas: Xcel Energy
Electric: United Power
Phone: Vonage
DISTRICTS: School: a Vrain
Post: Longmont
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or
contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of
property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be
included with the application. If a corporation is the fee owner, notarized evidence must be i ncluded indicating the
signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request the Department of
Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and
the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of
Wel Coun , Colora :
Signature: Owner or Authorized Agent ate Signature: Owner or Authorized Agent Date
-10-
The proposed PUD final plan is in compliance and meets all criteria as set forth in the change of zone.
The uses on site will comply with the Estate zone classification once the Use by Special Review kennel
permit is issued in this matter. Such permit will allow the property owners to keep and care for five or
more animals of one species or a total of eight or more household pets of two or more species.
At the beginning of the change of zone process, there were a total of 203 animals for which CoRHS was
responsible including 15 animals housed off-site in foster homes and 36 Colorado native animals
destined for wildlife release. There were 188 animals housed on the property, including approximately
33 species of amphibians and reptiles. The number of animals on-site has decreased to approximately
115 and has hovered around that number for the last six months.
SPECIFIC DEVELOPMENT GUIDE
Component One—environmental impacts.
The PUD development will plan for and accommodate the following impacts as follows:
1. Noise and vibration.
There will be no additional noise or vibration.
2. Smoke, dust and odors.
There will be no additional smoke, dust, or odor.
3. Heat, light and glare.
There will be no additional heat, light, or glare.
4. Visual/aesthetic impacts.
There will be no additional visual or aesthetic impact.
S. Electrical interference.
There will be no additional electrical interference.
6. Water pollution.
There will be no additional water pollution.
7. Wastewater disposal.
There will be no additional wastewater disposal.
8. Wetland removal.
There will be no additional wetland removal.
9. Erosion and sedimentation.
There will be no additional erosion or sedimentation.
10. Excavating,filling and grading.
There will be no additional excavating, filling, or grading.
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11. Drilling, ditching and dredging.
There will be no additional drilling, ditching, or dredging.
12. Air pollution.
There will be no additional air pollution.
13. Solid waste.
There will be no additional solid waste.
/4. Wildlife removal.
There will be no additional wildlife removal. Rather, there will be additional wildlife
rehabilitation.
15. Natural vegetation removal.
There will be no additional vegetation removal.
16. Radiation/radioactive material.
There will be no additional radiation or radioactive material.
17. Drinking water source.
Drinking water will continue to be supplied by the Long's Peak Water District. There will be no
additional need for drinking water.
18. Traffic impacts.
There will be no additional traffic impacts.
Component Two —service provision impacts.
The PUD development will plan for and accommodate the following impacts as follows:
1. Schools.
There will be no additional school impact.
2. Law enforcement.
There will be no additional law enforcement impact. However, absent approval, the Colorado
Reptile Humane Society ("CoRHS")would be forced to cease operations on the property
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subjecting law enforcement to additional burdens associated with managing unwanted reptile
pets and injured Colorado wildlife.
3. Fire protection.
There will be no additional fire protection impact.
4. Ambulance.
There will be no additional ambulance impact.
5. Transportation (including circulation and roadways)—A description of the functional
classification, width and structural capacity of the street and highway,facilities which provide
access to the PUD Zone District. If the street or highway facilities providing access to the PUD
Zone District are not adequate to meet the requirements of the proposed district, the applicant
shall supply information which demonstrates the willingness and,financial capability to upgrade
the street or highway facilities in conformance with Sections 22-3-60 through 22-3-190 of this
Code. This shall be shown by submitting, with the PUD application, a separate improvements
agreement describing the proposed road improvements and method of guaranteeing installation
of said improvements in conformance with the County policy on collateral for improvements. The
agreement shall be used fbr the purposes of review, evaluation and compliance with this Section.
No additional traffic is anticipated. Vehicular traffic circulation will continue to be provided by
Elmore Road which connects the proposed PUD to Highway 66 approximately 250 ft. and 400
ft. to the north respectively of the current access points. The currently existing internal driveway
system will allow quick conveyance of traffic to and from the external roadway accesses.
6. A traffic impact analysis prepared by a registered professional engineer competent in traffic
engineering shall be provided by the developer, unless specifically waived by the Department of
Public Works.
Waived by the Department of Public Works.
7. Storm drainage—All development within a PUD Zone District shall adhere to the storm
drainage design and technical criteria regulations in Section 24-7-130 of this Code. The historic
stormwater drainage patterns and runoff amounts will be maintained. The developer will be
required to submit a detailed engineering study,from a Colorado licensed engineer, that shows
both the undeveloped and developed drainage patterns. The drainage study shall track the route
of off site discharge until it reaches a natural drainage course such as a creek or river. Off site
discharge shall not damage downstream property, roads or bridges. The developer will be
required to mitigate any downstream impacts caused by said development. The stormwater
drainage study may be waived by Public Works based upon the proposed impacts and intensity
of the PUD.
Waived by the Department of Public Works.
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8. Utility provisions—A description and statement from the representative of the provider of the
utilities which demonstrates that there are adequate utility provisions available to serve the
development.
See attached.
9. Water provisions—A description of the water source and system and a statement from the
representative of the provider of the water system which demonstrates that the water supply
quality and quantity are sufficient to meet the requirements of the uses within the PUD Zone
District.
See attached.
10. Sewage disposal provisions—A description of the sewage disposal facility. If the facility is a
public sewer system, a statement from the representative of the provider of the sewer system
utility which demonstrates that the disposal system will adequately serve the uses within the
development.
The property is served by an existing septic system. A copy of the septic permit is attached.
11. Structural Road Improvements Plan -Adjacent roadways shall be designed to meet the full
typical section specified by the Department of Public Works and Chapter 24 of this Code.
Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb,
gutter and sidewalks,for example. Required improvements may also include the acquisition of
right-ofway and construction easements that will be dedicated to the public. Improvements
attributed to the development shall be consistent with the direct impact a particular development
has on the County road system as determined by a professional transportation study. The road
improvements agreement and roadway construction plans shall be considered by the Board of
County Commissioners. (Weld County Code Ordinance 2001-1; Weld County Code Ordinance
2003-10)
No structural road improvements are necessary.
Component Three—landscaping elements.
The grounds are landscaped with numerous xeric perennials, eight deciduous trees, and one pine tree.
Native grasses have been cultivated on the property and noxious weeds removed. No additional planting
or other amenities are proposed.
Component Four—site design.
The applicant submits the following information:
1. A statement describing any features unique to the site, such as topography and irrigation
ditches.
There are no significant unique features present on the site.
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2. A statement which demonstrates how the proposed PUD rezoning is consistent with the goals
and policies of Chapter 22 of this Code.
The proposed rezoning is consistent with the policies of the Weld County Code, Chapter 22. As
stated in the preamble to the Weld County Charter, the goal of the charter including Weld
County Code, Chapter 22 is to allow the citizens of Weld County to:
avail [them]selves of self-determination in county affairs to the fullest extent permissible
under the Constitution and laws of the State of Colorado...to provide uncomplicated,
unburdensome government responsive to the people, and...to provide for the most
efficient and effective county government possible.
The requested change of zone of the subject property allows that goal to be realized by availing
the property owners of self-determination and allowing governmental control in a way that is
responsive to the will of the people. Specifically, the proposed rezoning is consistent with the
purpose of the Weld County Code because it would allow the property owners to continue to
operate the CoRHS a Colorado nonprofit corporation whose mission is to continue to improve
the lives of reptiles and amphibians in captivity and in the wild through education and action.
As acknowledged by Weld County Code § 22-1-120(A):
One(1) of the basic principles upon which the United States was founded, which it
continues to preserve, and Weld County upholds, is the right of citizens to own and
utilize their property. Private property rights are not unlimited rights but, rather, rights
balanced with the responsibility of protecting community health, safety and welfare. It is
the goal of the Comprehensive Plan to promote opportunities for County citizens,while
protecting private property rights.
Allowing the property owners to rezone their land as requested promotes opportunities for
citizens in the community by allowing them to enjoy rehabilitated wildlife and adopt
rehabilitated pets while simultaneously protecting the property owners' interest in continuing to
utilize their property in the way that they intend. Such rezoning is in balance with the
community's interest in protecting its health, safety, and welfare because it maintains the status
quo ante with regard to actual present land use, poses no new or additional threats, and
encourages the humane treatment of animals.
The Weld County Code recognizes that the rezoning process must be fair and equitable to all
parties providing an open process to facilitate public information and input, maintain consistent
requirements coupled with flexibility within the implementation criteria, and allow for approval
when all written criteria of the land use regulations are met. Weld County Code § 22-1-120(C).
In this case, the specific location of the subject property is technically in a subdivision named
Seemore Heights First Addition which was created in 1981. There is unanimous community
support for the property owners' proposed rezoning within that subdivision and broad
community support for the same in the neighboring Seemore Heights subdivision created in
1963. More than half of the residents of Seemore Heights have signed written statements
supporting that entire subdivision's rezoning if necessary. Upon information and belief none of
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the remaining minority are opposed to the property owners' independent rezoning of their own
parcel within Seemore Heights First Addition. Under such circumstances, there is little reason, if
any, why the property owners' application should be denied. This is especially true considering
the Weld County Code's goal of maintaining consistent written requirements coupled with
flexibility within the implementation criteria.
All subdivisions are not created equally. As more fully described in Weld County Code § 22-1-
120(D):
The County's nearly four-thousand-square-mile area is diverse geographically,
demographically, culturally, socially and economically. Therefore, land use policies
must be flexible to adapt to the specific location and circumstances of each proposed land
use change. It is also important to weigh the cumulative impacts that specific land use
changes will have.
Neither the Seemore Heights First Addition subdivision nor the Seemore Heights subdivision
bear much resemblance to the modern day, cookie cutter suburban neighborhoods described by
the same term. Indeed, Seemore Heights bears little resemblance to its own original plat of 20
approximately one acre parcels that had, until that time,been used for agricultural purposes. As
property owners purchased land in Seemore Heights usually as part of larger land purchases
encompassing contiguous lots many of them continued their land's agricultural use. As a
result, many such uses continue today as historic uses despite the fact that they would otherwise
be prohibited. As any potential purchaser of land in the Seemore Heights or Seemore Heights
First Addition subdivisions would soon realize, neighbors in those subdivisions and on the
entirety of Elmore Road have vastly different tracts of land that they utilize in vastly different
ways.
A review by address indicates that more than 50% of land owners in this area operate businesses
from their properties including real estate, knitting, trucking, lawn maintenance, a machine shop,
a dentist, a sewer clean-out business, and an auto maintenance business.
Under such circumstances, the cumulative impact of the property owners' proposed rezoning
will be minimal indeed. This is especially true considering the lack of a homeowners association
and the fact that residential properties immediately adjacent to the subject property to the east on
Elmore Road are not even part of the subdivision. In at least one case, one of those properties
the Whittern residence, a one acre agriculturally zoned parcel with an essentially residential use
has been approved for a use by special review dental office by the Planning Department.
Against this backdrop, the language of Weld County Code § 22-1-120(D)indicating that land
use policies must be flexible is particularly applicable and the importance of not to getting
caught up in uncodified minutia is highlighted.
As recognized by Weld County Code § 22-1-120(F), land use policies have a significant impact
on economic conditions in the County and should be structured to encourage economic
prosperity and economic growth. Land use policy favors the continued operation of the CoRHS
an entity that has remained an economically viable ongoing concern since 1999 because
that entity alleviates the financial costs associated with governmental management of unwanted
reptile pets and injured Colorado wildlife. Without the CoRHS, such costs would necessarily
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shift back to Weld County taxpayers and inhibit their economic prosperity in derogation of the
Weld County Code.
The Weld County Code specifically recognizes the fact that reduced fish and wildlife habitat is a
significant problem facing the County. Weld County Code § 22-5-10(A). The perpetuation of
nonprofit organizations like the CoRHS is integral to the effective management of species forced
into increased human contact and resultant injury. Through such perpetuation, the officials of
the County, as well as each individual citizen, are afforded an improved ability to take
appropriate action and an active role in preserving the well-being of such threatened species as
envisioned by Weld County Code § 22-5-10(B).
In sum, the proposed rezoning is consistent with the Comprehensive Plan adopted by Weld
County, is supported by the goals that plan endeavors to pursue, would aid the county
economically, and would help assure the continued viability of threatened wildlife populations.
The uses allowed by the proposed rezoning (PUD-with Estate use to allow Kennel USR Permit)
would preserve the status quo ante. The property owners have been operating the CoRHS on the
subject property since 2001 without issue until a recent anonymous complaint/inquiry triggered
an investigation in late January 2012. Upon information and belief, no neighboring landowners
made complaints or inquiries regarding the operation of the CoRHS on the property during that
11 year time period.
The land uses of the properties immediately adjacent to the subject property to the north, south,
and west are labeled residential, although, as discussed above, those properties' actual uses vary
widely. The land use of the property immediately adjacent to the subject property to the east is
labeled agricultural, though these parcels do not meet criteria for such zoning. The subject
property is in a predominantly agricultural area with an Estate zoned subdivision not more than
450 feet to the east.
Further, the uses allowed by the proposed rezoning will help conserve prime agricultural land.
The subject property is designated as "Prime"by the U.S. Department of Agriculture Soil
Conservation Service. The property owners' proposed rezoning will allow the property to
continue to be used in much the same way that it has been used for the last 11 years ensuring
the continued maintenance of its productive capacity.
3. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be
compatible within the PUD Zone District. In addition, a detailed description of how any conflicts
between land uses within the PUD Zone District are being avoided or mitigated and can comply
with the performance standards.
The proposed PUD rezoning would adopt an Estate use in order to qualify the applicants for a
Use by Special Review kennel permit. Such use would not create any perceivable conflict within
the PUD Zone District.
4. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be
compatible with land uses surrounding the PUD Zone District, including a detailed description
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of how any conflicts between land uses surrounding the PUD Zone District will be avoided or
mitigated.
As discussed above, the proposed PUD is located within Seemore Heights First Addition. The
Seemore Heights subdivision and the entirety of Elmore Road have vastly different tracts of land
that are utilized in vastly different ways primarily for agricultural, residential, and small
business purposes. A review by address indicates that more than 50% of land owners in this area
operate businesses from their properties and there is an Estate zoned PUD not more than 450 feet
to the east. The limited Estate use allowed by the proposed PUD rezoning will be compatible
with land uses surrounding the PUD Zone District
5. If the proposed change of zone is located within a Flood Hazard, Geologic Hazard or Airport
Overlay District, as identified by maps officially adopted by the County, the applicant shall
submit information which documents how the applicant intends to meet the requirements of the
County Supplementary Regulations concerning floodplain and/or floodway, geological hazard
and/or air port overlay districts.
The proposed change of zone is not located within a Flood Hazard, Geologic Hazard or Airport
Overlay District.
Component Five—common open space usage.
N/A
Component Six—signage.
No additional signage is proposed.
Component Seven —RUA impact.
N/A
Component Eight—intergovernmental agreement impacts.
A. Intent. Efficient and orderly land development directs PUD developments to locate where
urban services exist or can more easily be provided, such as in close proximity to municipalities
and within the RUA. Currently, the County and many municipalities are cooperating in joint
planning efforts to achieve a consistent vision for land surrounding municipal boundaries. This
coordination is achieved through intergovernmental agreements.
B. Duties of the Department of Planning Services. When an application is proposed in an area
included in an intergovernmental agreement, additional standards and criteria for review will
apply. These standards are intended to carry out the intent and goals of the intergovernmental
agreement with the affected municipality. The Department of Planning Services will review PUD
proposals for development influenced by an intergovernmental agreement area in conjunction
with the applicable standards set forth in the agreement. (Weld County Code Ordinance 2009-8)
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The proposed PUD is within the Longmont Intergovernmental Agreement District boundary. As
indicated in the attached notice of inquiry, the City of Longmont has no objection to the
proposed rezoning.
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Weld County Treasurer
Statement of Taxes Due
Account Number R4780486 Parcel 120730204002
Assessed To SCUPIN JONATHAN R
13941 ELMORE RD
LONGMONT,CO 80504-9686
Legal Description Situs Address
1SH2-2 L2 BLK2 SEEMORE HEIGHTS 1STADDN 13941 ELMORE RD WELD 000000000
Year Tax Interest Fees Payments Balance
Tax Charge
2013 $1,916.45 $0.00 $0.00 ($1,916.45) $0.00
Total Tax Charge $0.00
Grand Total Due as of 07/07/2014 $0.00
Tax Billed at 2013 Rates for Tax Area 2325-2325
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 16.8040000* $371.53 SINGLE FAM.RES.- $136,745 $10,880
SCHOOL DIST RE1J 53.6790000 $1,186.84 LAND
NORTHERN COLORADO WATER 1.0000000 $22.11 SINGLE FAM.RES- $141,027 $11,230
IMPROVEMTS
(NC
ST VRAIN LEFT HAND WATER(S 0.1840000 $4.07 Total $277,772 $22,110
MOUNTAIN VIEW FIRE 11.7470000 $259.73
HIGH PLAINS LIBRARY 3.2640000 $72.17
Taxes Billed 2013 86.6780000 $1,916.45
*Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. TAX LIEN
SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
Weld County Treasurer P.O. Box 458,Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext.3290
4/0(itirg)it
■��D Notice of Inquiry
Development within an intergovernmental Agreement
COLORADO Urban Growth Boundary
Date of Inquiry &,14 261E
Town Referred to: iet,w �r
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Name of Person Inquiring g optu N pom
Property Owner St IAA ;
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Planner k &M blal.
Legal Description Lay' 2, PUey.. 47, 9C-enstialk- &
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Legal Parcel# 4 O • 2, `1^ Hoists,
Major Crossroads 6 L OTU- go
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Type of Inquiry VSQ 1 /'FI F `l L t
The above person inquired about developing a parcel of land inside your designated Intergovernmental
Agreement Urban Growth Boundary. This person has been referred to your community by Weld County
Planning to discuss development options on this site.
Weld County Comments
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Town/City Comments: i h.e_ C{ fzj o f A c a�t it c4 4-/A c ., S h t-
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Sign ur:; of Weld County Planner Signature of Town/City Representative
It is the applicant's responsibility to return the completed form to Weld County.
White copy Applicant; Yellow Copy. Town/City;Pink Copy Weld County
Weld County Planing Department
1555 N 17`Ave,Greeley,CO 60631 -(970)353-6100 ext 3540-(970)304-6496 Fax
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