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Home My WebLink About20110230.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Merino Conservation Group, LLC Case Number PZ-1140 c/o Robb Casseday Submitted or Prepared Prior to At Hearing Hearing 1 ✓Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Affidavit of sign posting X \` Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X X4 3 Referral List X • N+ Referrals without comment X Town of Berthoud, referral received 9/15/2009 X Town of Johnstown, referral received 9/10/2009 X Weld County Code Compliance, referral received 9/8/2009 X Colorado Department of Transportation, referral received 9/15/2009 X Larimer County, referral received 9/23/2009 X ..."4 4 Referrals with comments X Weld County addressing, referral received 10/1/2009 X Berthoud Fire Protection District, referrals received 9/10/2009 and X 8/6/2010 State of Colorado, Office of the State Engineer, Division of Water X Resources, referral received 9/16/2009 Colorado Division of Wildlife, referrals received 10/11/2009 and 8/24/2010 X Weld County Department of Public Works, referrals received 10/6/2009 X and 7/29/2010 • Weld County Department of Public Health and Environment, referral X received 10/7/2009 2011-0230 Weld County Department of Building Inspection, referral received X • 10/15/2009 US Army of Corps of Engineers, referral received 9/15/2009 X 6 Surreunding Property Owners Letters 6 PC Exh;bas X I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Plan 'ng ommissioners hearing. Michelle Martin. Planner I I I • • ° LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE#: PZ-1140 HEARING DATE : January 4, 2011 PLANNER: Michelle Martin APPLICANT: Merino Conservation Group, LLC do Robb Casseday REQUEST: Change of Zone from A(Agricultural)to Planned Unit Development with E(Estate) uses for nine (9) residential lots and 13 acres of common open space (Twin Peaks at Iris Lane PUD) LEGAL: Lot C of AmRE-3983 being part of Section 5, Township 4 North, Range 68 West of the 6th P.M. Weld County, Colorado • LOCATION: East of and adjacent to County Road 3 and approximately '/: mile south of State Highway 60 PARCEL#: 1061 05 200022 ACRES: +/- 34.5 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 23-2-30 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Town of Berthoud, referral received 9/15/2009 ➢ Town of Johnstown, referral received 9/10/2009 ➢ Weld County Department of Building Inspection, referral received 10/15/2009 ➢ Weld County Department of Public Health and Environment, referral received 10/7/2009 ➢ Weld County Department of Public Works, referrals received 10/6/2009 and 7/29/2010 ➢ Weld County Code Compliance, referral received 9/8/2009 ➢ Colorado Division of Wildlife, referrals received 10/11/2009 and 8/24/2010 ➢ State of Colorado, Office of the State Engineer, Division of Water Resources, referral received 9/16/2009 ➢ Berthoud Fire Protection District, referrals received 9/10/2009 and 8/6/2010 ➢ Weld County addressing, referral received 10/1/2009 ➢ US Army of Corps of Engineers, referral received 9/15/2009 ➢ Colorado Department of Transportation, referral received 9/15/2009 ➢ Larimer County, referral received 9/23/2009 • EXHIBIT I 1 • The Department of Planning Services' staff has not received responses from the following agencies: ➢ Big Thompson Soil Conservation District ➢ Boulder County ➢ Weld County Landscape referral ➢ Weld County Attorney ➢ Weld County Sheriff's Office ➢ School District, RE-2J ➢ Little Thompson Water District ➢ Consolidated Home Supply Ditch and Reservoir Company ➢ Weld County Paramedic Services • • 2IPa�, c • • Kik LAND USE APPLICATION SUMMARY SHEET IC PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE#: PZ-1140 HEARING DATE : January 4, 2011 PLANNER: Michelle Martin APPLICANT: Merino Conservation Group, LLC c/o Robb Casseday REQUEST: Change of Zone from A(Agricultural)to Planned Unit Development with E (Estate) uses for nine (9) residential lots and 13 acres of common open space (Twin Peaks at Iris Lane PUD) LEGAL: Lot C of AmRE-3983 being part of Section 5, Township 4 North, Range 68 West of the 6th P.M. Weld County, Colorado • LOCATION: East of and adjacent to County Road 3 and approximately '/ mile south of State Highway 60 PARCEL#: 1061 05 200022 ACRES: +/- 34.5 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 26-5-30 of the Weld County Code. 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. The proposed site is not influenced by an Inter-Governmental Agreement. The proposal is consistent with the aforementioned documents as follows: 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 proposed PUD will be serviced by the Little Thompson Water • 3IPagc • District for potable water. The applicant has submitted a draft water service agreement with Little Thompson Water District. A finalized water agreement will be required at the final plat stage. Individual Sewage Disposal Systems will handle the effluent flow. B. Section 27-6-120.6.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. 1. Section 27-2-40, Bulk requirements—The applicant has requesting a waiver from the minimum lot size in the Estate Zone District. The proposed lot size for Twin Peaks at Iris Lane PUD is 2 acres compared to the 2.5 required for the Estate Zone district. 2. Section 27-6-80.6.7 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." This site is not located within an urban growth boundary area nor coordinated planning area of a municipality.The site is located within 1/ mile of Garcia PUD and Twin View Estates subdivision/PUD. As a result this is considered an urban scale development and is subject to the fifteen-percent open space allocation. 3. Section 27-6-90, Signage — Section 27-2-90.C. states: "Signage within a PUD shall adhere to all requirements in this Chapter and Chapters 23 and 26 of this • Code, if applicable." The application indicates that the proposed subdivision monument sign will be 48 square feet. The Estate Zone District allows for a 32 square foot sign. The applicant has met the remaining performance standards as delineated in Section 27-2-10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-220 of the Weld County Code. C. Section 27-6-120.6.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 site is not influenced by an Inter-Governmental Agreement. The proposed development is located within the three mile referral area of the Town of Berthoud, Town of Johnstown, and Boulder and Larimer County. The Larimer County, Town of Berthoud and Town of Johnstown indicated no conflicts with their interests. The Weld County Planning Department has not received a response from Boulder County. D. Section 27-6-120.6.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 ll the Weld County Code. The residential lots will be serviced by Little Thompson Water District. The Weld County Attorney's Office has indicated that the agreements submitted by the applicant are adequate for the Change of Zone. The Weld County Department of Public Health and Environment has indicated in a referral response dated • October 7, 2009 that the application has satisfied Chapter 27 of the Weld County Code in 4IPage regard to water and sewer service. E. Section 27-6-120.6.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. The Change of Zone plat submitted by the applicant shows roadways with a 60-foot right-of-way in width including cul-de-sacs with a 65-foot outside radius. A typical road cross section shall be shown on the Change of Zone plat. The typical local roadway section shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders. The cul-de-sac edge of pavement radius shall be 50-feet. The applicants are requesting a waiver from curb, gutter and sidewalks. The Department of Public Works is recommending approval of the applicant's request for a waiver from curb, gutter and sidewalks. The Department of Public Works is requiring the applicant to pave County Road 3 to State Highway 60. County Road 3 is classified as a local gravel road with 60 feet of right-of-way. F. Section 27-6-120.6.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 will be required prior to recording of the final plat. The improvements agreement will include the paving of County Road 3 to State Highway 60. G. Section 27-6-120.6.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. According to the application there are two mineral interests the Merino Conservation Group, LLC (the applicant) and Magpie Operation, Inc. The applicants have not entered into a surface use agreement at this time. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) H. Section 27-6-120.6.h-Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district, as described previously. The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning Services is in agreement with this request. This approval recommendation is based upon compliance with Chapter 27 requirements. Change of Zone from A (Agricultural) to Planned Unit Development with Estate uses for nine (9) residential lots and 13 acres of common open space (Twin Peaks at Iris Lane PUD) is conditional upon the following: 1. Prior to recording the Change of Zone Plat: 411 5IPage • A. The Change of Zone plat shall be amended to delineate the following: 1) The plat shall be labeled PZ-1140. (Department of Planning Services) 2) All future signs including entrance signs, street signs and stop signs shall be delineated on the plat. (Department of Planning Services) 3) The development sign shall meet the setback requirements of 20 feet from existing or future right of way whatever is greater. (Department of Planning Services) 4) All non-recorded easements shall be removed from the plat. Recorded easements shall be referenced on the plat per book and page or reception number. (Department of Planning Services) 5) The applicant shall address the comments of the Weld County Department of Public Health and Environment in regards to lots 1 and 7-9 having access to the trail system. (Weld County Department of Public Health and Environment) 6) The plat shall address the concerns/requirements of the Weld County Department of Public Works as stated in their referral dated 10/5/2009 and 7/29/2010. (Weld County Department of Public Works) 7) The property line should be a bold solid line. (Department of Planning Services) 8) "Weld County's Right to Farm" statement as provided in Appendix 22-E of the • Weld County Code shall be placed on any recorded plat. (Departments of Public Health and Environment and Planning Services) 9) The approved road cross-section (26 feet wide, four inches of aggregate base course, Class 6, 60 feet of right-of-way)shall be indicated on the plat. (Department of Public Works) 10) Label cul-de-sac turn around radii. (Department of Public Works) B. 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) C. The applicant shall address the requirements (concerns) of Weld County Department of Public Works, as stated in the referral response dated 10/5/2009 and 7/29/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Public Works) D. The applicant shall submit to the Weld County Department of Planning Services an updated commitment letter from the Little Thompson Water District. (Department of Planning Services) E. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The plat shall be amended to include any possible future drilling sites and/or setbacks. (Department of • Wage • Planning Services) F. The applicant shall either submit a copy of an agreement with the Consolidated Home Supply Ditch and Reservoir Company stipulating that their activities/concerns have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the ditch company. The plat shall be amended to include any recorded easements/agreements. (Department of Planning Services) G. The applicant shall provide a written agreement from the power company to move the overhead power lines. (Weld County Department of Public Works) H. 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) 3. The Change of Zone is conditional upon the following and each shall be placed on the Change of Zone plat as notes, prior to recording: A. Change of Zone from A (Agricultural) to Planned Unit Development with E (Estate) uses with the exception of lot size for nine (9) residential lots and 13 acres of common open • space (Twin View Estates PUD). (Department of Planning Services). B. Water service shall be obtained from Little Thompson Water District. (Weld County Department of Public Health and Environment) C. 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. (Weld County Department of Public Health and Environment) D. 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 acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Weld County Department of Public Health and Environment) E. 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 Health Department, a fugitive dust control plan must be submitted. (Weld County Department of Public Health and Environment) F. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Weld County Department of Public Health and Environment) • 7 ( Page • G. 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, and apply for a permit from the Colorado Department of Public Health and Environment. (Weld County Department of Public Health and Environment) H. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Weld County Department of Public Health and Environment) 'Weld County's Right to Farm" statement as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Departments of Public Health and Environment and Planning Services) J. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) K. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) L. The site shall maintain compliance at all times with the requirements of Weld County Government. (Department of Planning Services) • M. Personnel from the 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) N. Appropriate Building Permits shall be obtained prior to any construction or excavation. (Department of Planning Services) O. 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. (Department of Planning Services) P. 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) Q. 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) R. 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 8IPage • 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) S. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 4. 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) 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty(60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 6. At the time of Final Plat: • A. The applicant shall submit covenants for Twin Peaks at Iris Lane PUD. The covenants shall include the following language for the protection of septic envelopes, activities such as landscaping (i.e. planting of trees and shrubs)and construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly prohibited in the designated absorption field site. The covenants shall be approved by the Weld County Attorney's Office prior to recording the final plat. (Departments of Planning Services and Public Health and Environment) B. The Convents shall attempt address the concerns of Colorado Division of Wildlife, as stated in the referral response dated 10/11/2009. (Colorado Division of Wildlife) C. The right-of-way for the internal roadway shall be dedicated to the County. (Department of Planning Services) D. The applicant shall submit to the Department of Planning Services approval of preliminary addresses and street name from the Postal Service, Fire District and Sheriffs Department. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the Department of Public Works, as stated in the referral response dated 10/5/2009 and 7/29/2010. (Department of Public Works) F. Easements shall be shown in accordance with County standards and / or Utility Board recommendations on the final plat. (Department of Planning Services) G. The applicant shall contact the Vegetation Weed Management Specialist with the Weld County Public Works Department to develop a weed management plan. The approved plan shall be included in the Final Plan application. (Department of Planning Services) • 9 Page • H. The applicant shall submit an executed agreement securing water from the Little Thompson Water District for service to the PUD. Evidence of the agreement and sign off from the Little Thompson Water District shall be provided to the Department of Planning Services. (Department of Planning Services) 6. Prior to recording the final plat: A. Original copies of the approved covenants along with the appropriate recording fee (currently $6 for the first page and $5 for subsequent pages) shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the State. (Department of Planning Services) C. An improvements agreement will be required prior to recording of the final plat. The improvements agreement will include the paving of County Road 3 to State Highway 60. The agreement and form of collateral shall be submitted for and reviewed by the Departments of Planning Services and Public Works and accepted by the Board of County Commissioners prior to recording the Final plat. (Department of Public Works) E. The applicant shall provide evidence requirements of the RE-2J School District have been addressed. (Weld School District RE-2J) • F. 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 .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). (Dept. of Planning Services) • 10IPaec • a DEPARTMENT OF PLANNING SERVICES 1555 N 1O CO8" 631 GREELEY, O 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 C. COLORADO November 17, 2010 Merino Conservation Group, LLC do Robb Casseday 55 S Elm Av,Ste 210 Eaton CO 80615 Subject: PZ-1140- Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine(9) lots with E (Estate)Zone District uses and approximately 13 acres of common open space- Twin Peaks at Iris Lane PUD on a parcel of land described as Lot C AmRE-3983, Part S2NW4 of Section 5, T4N, R68W of the 6th P.M.,Weld County, Colorado. Dear Applicants: • I have scheduled a meeting with the Weld County Planning Commission on January 4, 2011, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado. A subsequent hearing will be held on January 19, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 101h Street, First Floor, 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: http://www.co.weld.co.us/Departments/Plan ninoZon inq/Pla nni ngoepartment/index.html If you have any questions concerning this matter, please call. Respectfully, Digitally signed byKristine Random Reason: a of lam the author of this document �/ Location.1555 N I]th Ave Date:2010.11.1]13:12:23-0]'00' Michelle Martin • Planner • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS _12/15/10 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST Fiftenen DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR_PZ-1140 IN THE A (AGRICULTURAL) ZONE DISTRICT. Michelle Martin Name of Person Posting Sign • Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this t6r=day of tociL n Y , 201a. WITNESS my hand and official seal. /*\??';': .......... ary Public t.n% f y :114::..... .. - C My Commission Expires: to-14-1 k • Va ` _ { •1rs4'r.. -r r�, . r,� fn. l •. _. r . f difilk se''41x51' ' iltr - ', ♦ 'A' �• ,, 'e .et L' t ' .* ' _ - Ell :a. X• ",.:w �, dr .,,; .. 1 -.- a - •W .a•c 1fe `• L,'Y1.. .41.144.- l ��►•- nG.a ♦ } r.7.4.....0,7,1„. 'a, ` 'R ,t ♦ t •-+ i "atky"` 1 . y r so , r^ � �''�a S.�iii/ �frl -,_�w •X iI}•...•�.R'! - ?'•� y• • t.7 .w♦.�R�~S r\Y -a'' �,�7rt ; -a ;►, . , 1' ' f y'... . "• -.. I.. . "...% .. _ r'N i �l.• \ te• ,: �- `r�i�R.tiy ✓ ` -:-a.,. r• may;, a-*r ,- , '�.1L. ,z. ..,.d 4 ' : . ,w tYr - •e • a r-.•_.,YP< _ ..-.....0k2.4\- .�•r•1•a.-- ''�-i 1.— '�ltr., ,�, �.f.1, . t •�"x.'` �. r �. -•f Hari'�, +�' S,. �---' - . • y`•'k •-• ... V. •-.31• .. .'4411‘..:" 4 Scr. ' . Y.et, e r tal,r �• , A Public Hearing Concerning .. a : j THIS PROPERTY Will `' l. �-~ `' •w; �ti . ;` be Held at. � _,,, � . � Greeley Planning Office Ster•Zie'"'� " ' ` � -;r 1. • 918 Tenth Street Greeley CO re Sir • •JAI k:. , , , • I } 1 •t �� t •�, , '. . �t / ,.w ate!.,,ri .,.L , oo • r .. 9 }.+ • r On qN. 20 �; at. 1 :30 P. M. --. - _ . ° �.f yY. • . . .0 a • r •t i. ,.i % it 4 . -4- I ✓7114W. ' Applicant: /er•ino Coacervgc?,i Group L .-- C Y y ,: r. , y yam.. ` bb•I. leis r �,� ^ t� '�'. �41i C�4n 2 Or Z�, t /C/4 SIC Idfc' �0/�� S/arc y�►:.�� •_ r ., ; 1 .� .�� ,� � ,', Aft �; s (� Request: ,� .� �1 ,� . �NS4 I Yi '+4�4 + ••. „� 40 4-tit. POD (?Ii Un,L J vile)ajj ?one. • • )0 S, •')' r• + '` .1'• t.-1 i• .f 1 J.•• J (r 1, ~ t S�/I .. 1\./\• i I �iS (Jill)l•1 es 71 ft G�rl'1�• t 151/l�� •"`ya.-_ , .' fir �_� 1 ' ' �r.. •.. Lea P r ;� USe5 aelJ G !'o•�ci/`later,� /3 nurse, pt Lof Lon,,,,,,, , :. 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Sir...I:4 alp � Mf'/ y.?~:�Tii�'aHri G.Z r71.s. = m.- ...c. - . c,,t7 � i'-` - - Zia' S 5 1/13/2011 ammilimm • Existing power lines r, r ' t • 6 • FIELD CHECK Inspection Date: /2d lc/ Zoio CASE#: PZ-1140 HEARING DATE : January 4, 2011 PLANNER: Michelle Martin APPLICANT: Merino Conservation Group, LLC do Robb Casseday REQUEST: Change of Zone from A (Agricultural) to Planned Unit Development with Estate uses for nine (9) residential lots and 13 acres of common open space (Twin Peaks at Iris Lane PUD) LEGAL: Lot C of AmRE-3983 being part of Section 5, Township 4 North, Range 68 West of the 6`h P.M. Weld County, Colorado LOCATION: East of and adjacent to CR 3 and approximately '/: mile south of State Hwy 60 PARCEL#: 10610 52 00022 ACRES: +/- 34.5 Zoning Land Use • N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W PUD with Estate W Garcia PUD Uses COMMENTS: The site currently has two accesses off of CR 3. The Consolidated Home Supply Ditch is along the northern property boundary. The only improvements on site are a pump house and oil/gas well. The property is still being used for Agricultural purposes. • Michelle Martin, Planner • • r. DEPARTMENT OF PLANNING SERVICES G 918 10TH Street GREELEY, CO 80631 • PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 I O COLORADO September 3, 2009 Merino Conservation Group, LLC c/o Robb Casseday 55 S Elm Av, Ste 210 Eaton CO 80615 Subject: PZ-1140- Request for a Twin Peaks at Iris Lane PUD, Change of Zone from the A (Agricultural) Zone district to PUD for nine (9) lots with E (Estate) Zone District uses, and approximately 13 acres of common open space on a parcel of land described as Lot C AmRE-3983; Part S2NW4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. • Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Berthoud and Johnstown Planning Commission for their review and comments. Please call Berthoud at 970-532-2643 and Johnstown at 970-587-4664 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Berthoud and Johnstown Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Kim Ogle Planner • Page 1 of 2 Michelle Martin • From: Michelle Martin Sent: Thursday, July 09, 2009 1:47 PM To: 'Sheri Lockman' Subject: RE: Merino Conservation Group Hi Sheri, On page A-01 and A-02 they show a 20' irrigation easement along the CR 3 is this a recorded easement? On page A-01 and A-02 they refer to the off site berm and the area to release from the detention pond 2 to be conveyed to the existing home supply ditch this information should be accompanied by the reception number On page A-02 it shows a lot of off site improvements for the ditch, is this covered by and agreement? Let me know if you have any other questions. Michelle Martin Planner II 4209 CR 24.5 Longmont,CO 80504 nunartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720)652-4211 Please tell us how we're doing: http wv.vw.co.weld.co.us:departgtentsiplannin icompimprovecomments.ctin From: Sheri Lockman [mailto:sherilockman@what-wire.com] Sent: Thursday, July 09, 2009 8:03 AM To: Michelle Martin Subject: Merino Conservation Group Good morning Michelle, I am still trying to help Rob Cassaday. We talked about the completeness review the other day. I tried to redline the plats for him but had trouble with the easements. You had said there were some that were off-site and they needed to be removed. I can't find any off-site. I did find one that is poorly marked so that it looks like the Panhandle Eastern easement is across the road when it is actually located on the property. Is this what you were referring to? I also got a copy of the drainage report to Don Dunker. He doesn't remember ever seeing it. Have you heard from him? I emailed him this morning to see if he has had a chance to review it but I haven't heard from him. Thanks, • Sheri Lockman Lockman Land Consulting, LLC 36509 WCR 41 7/9/2009 Michelle Martin From: Bruce Barker nt: Wednesday, July 08, 2009 2:06 PM Sheri Lockman Cc: Michelle Martin; Kim Ogle Subject: FW: Water for Twin Peaks at Iris Lake Sheri: See the message below. I believe it answers your questions. Sorry about not including you on the e-mail back in December. I did not know you were working on it. Bruce. Original Message From: Bruce Barker Sent: Monday, December 22, 2008 1:34 PM To: Thomas Honn; Chris Gathman; Kim Ogle Cc: 'robb@CassedayCreativeDesigns.com' Subject: RE: Water for Twin Peaks at Iris Lake Jacob Augenstein has provided me with an updated water service letter from the Little Thompson Water District for the Twin Peaks at Iris Lane POD. I believe what they have submitted is sufficient. Original Message From: Bruce Barker Sent: Tuesday, September 23, 2008 8:39 AM 0 'robb@CassedayCreativeDesigns.com' : Thomas Honn; Kim Ogle; Chris Gathman; Michelle Martin; Jacqueline Hatch Subject: Water for Twin Peaks at Iris Lake Jacob: I have received your leter of September 22, 2008, regarding the water for the above- referenced POD being supplied by Little thompson Water District. The letter and accompanying information provides adequate information to show that the District has committed sufficient water to supply the POD. However, I note that the letter from District Engineer Michael Cook is dated November 29, 2007. I would like to get an update of that letter just to make sure nothing has change in the District's commitment since then. Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions or wish to discuss. Bruce Barker Weld County Attorney • 1 WELD COUNTY COMPLETENESS REVIEW REVIEW DATE: 6/2/09 TYPE OF APPLICATION: Change of Zone LEGAL DESCRIPTION: Lot C of AmRE-3983 being Pt. S2 NW4 of Section 5, Township 4 North, Range 68 W COMPANY NAME/REPRESENTATIVE/OWNER: Merino Conservation Group PARCEL NUMBER: 1061 05 200022 PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Ochelle Martin at 720-652-4210 extension 8730, or email at mmartin(u�co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre- application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. This is a violation case and therefore a complete application must be submitted within 2 weeks from the date of this letter. REVIEW STAFF: Planning: Michelle Martin— mmartinAco.weld.co.us - 720-652-4210 x8730 Public Works: Don Dunker— ddunker(W.co.weld.co.us- 970-304-9496 x3749 Public Health: Lauren Light — Ilight( co.weld.co.us — 970-304-6415 x2211 Building Inspection: Frank Piacentino —fpiacentino(a�co.weld.co.us — 720-652-4210 x8736 Weld County Department of Planning Services eeley Office — Longmont Office — 18 10' Street, Greeley CO 80631 4209 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 WELD COUNTY PLANNING COMMENTS �e Department of Planning Services has reviewed the 7-Day Completeness Review and has the following comments. 1. The list of surrounding property owners may need to be updated depending on when the applicant submits the rest of the packets. 2. A detail of the entry sign 3. Access to the oil well shall utilize the interior road system therefore the existing oil and gas access from CR 3 shall be removed from the plat 4. The agreement for water shall be approved by the Weld County Attorney's Office prior to submitting the Change of Zone application. 5. The applicant shall go into more detail regarding the non portable water system that will provide water to the open space areas. 6. The applicant shall remove the "General Notes" from the plat. 7. The vicinity map shall be at a scale of 1" = 2000' 8. All recorded easements shall be delineated on the plat per their reception number (access easement and landscape easement) all other easements shall be removed. 9. The minimum Lot size in the Estate Zone District is 2.5 acres therefore give the • proposed lot sizes the applicant shall request in writing a waiver from the minimum lot size. PUBLIC WORKS COMMENTS The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in the referral response dated 5/20/09. HEALTH DEPARTMENT COMMENTS The Health Department has no concerns regarding the completeness review. BUILDING INSPECTION COMMENTS The Building Department had no concerns regarding the completeness review. Weld County Department of Planning Services eeley Office — Longmont Office— 18 101n Street, Greeley CO 80631 4209 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 V 7 Day Completeness Review • PZ- 1140 Subject: COZ Location: Lot C of AmRE-3983 being Pt. S2 NW4 of Section 5, Township 4 North, Range 68 W Applicant Name: Merino Conservation Group Planner: Michelle Martin Department: Public Works Health Building Planning Comments: fka^ /L 4' .j — — garvizennt (740 Name: Date: , (-7#7 Date: May 20, 2009 Comments due no later than May 27, 2009 • Page 1 of 1 Michelle Martin • From: Lauren Light Sent: Tuesday, May 26, 2009 10:58 AM To: Michelle Martin Subject: PZ-1140 I have reviewed the packet for PZ-1140 and it is O.K. to submit. I will hold on to the packet. Lauren Light,M.B.S. Environmental Planner,Environmental Health Services Weld County Department of Public Health&Environment 1555 N. 17th Ave. Greeley,CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) • 5/26/2009 Weld County Planning Department GREELEY OFFICE ret .i. MEMORANDUM TO: Michelle Martin, Planning Services iii DATE: May 20, 2009 C. FROM: Don Dunker, P.E. Public Works KfKJ(/ COLORADO SUBJECT: Pre-Submittal, PZ-1140 Merino Conservation Group — Twin Peaks at Iris Lane Public Works has received the pre-submittal application. The Public Works Department will request a hearing not be scheduled until all the below issues are resolved and a complete application is submitted. The Public Works Department will be looking for four critical items; a detailed review of these items was not completed at this step in the process. Comments made during this stage of the review process may not be all-inclusive, as revised materials are submitted and other concerns or issues may arise during further review. Issues of concern must be resolved with the Public Works Department. 7 Site Plan Traffic Study Preliminary Drainage Report • '- Geotechnical Soils Report Site Plan: A site plan was submitted. A detailed review of the site plan was not completed at this step of the process. A topographical map was not included or contour lines were not included on the site plan to ensure safe access onto CR-3, 2' contour lines are required 200' beyond the proposed subdivision property lines or until all critical features are defined. The site plan did not show the entire parcel please it appears the east end was cut off include all sheets to include the entire project boundary. How will the triangle lot to the north of this parcel obtain access, please explain? Traffic Study: Weld County Public works has waived the traffic study requirement. A detailed review of. the site plan with traffic patterns shown was not completed at this step of the process. Traffic counts for the number of traffic trips associated with the site will be 86 once this is added to the background traffic count taken in 2008 of 190 Adjusted Annual Daily Traffic (AADT), an Improvement Agreement for this project will include CR-3 to be paved to State Highway 60. The access into the site needs to have dimensions to enable it to be located out in the field. Preliminary Drainage Report: A Drainage Report was not submitted to Public Works this is required. Geotechnical Soils Report: A Preliminary Geotechnical Soil Report was submitted with the application. The interior roadways shall be constructed per the final Geotechnical Soil Report a detailed review of the soil report was not completed at this step of the process. Flood Hazard Development Permit: The site is not within a FEMA designated 100-yr floodplain. Summary: The Public Works Department will request a hearing not be scheduled until all the above issues are resolved and a complete application is submitted. • pc file email and pc: Michelle Martin, Planning Services Page I of I M\PLANNING-DEVELOPMENT REVIEW\]-OayCompletenessReviews\2009\PZ-11 C0 Twin Peaks at Iris Lane-7-Day Review 052709.doc � • • Page 1 of 1 Sheri Lockman • From: Dunker"<ddunker@co.weld.co.us> To: "Sheri Lockman" <sherilockman@what-wire.com> Cc: "Michelle Martin"<mmartin@co.weld.co.us>; "Don Dunker" <ddunker@co.weld.co.us>; "Clayton D. Kimmi"<CKimmi@co.weld.co.us>; "David Bauer"<dbauer@co.weld.co.us> Sent: Thursday, July 09, 2009 8:00 AM Subject: RE: PZ-1140 Sheri, The Drainage Report appears to be acceptable for review. No detailed review of the Report has been done at this point in the review process. Additional comments and information may be required as the review process continues. Let me know if you have any other questions. Thanks, Don Dunker, P.E. Weld County Public Works Original Message From: Sheri Lockman [mailto:sherilockman@what-wire.com] Sent: Thursday, July 09, 2009 7:10 AM To: Don Dunker Subject: PZ-1140 • Good morning Don, I just wanted to see if you have had a chance to look at the drainage report for Merino Conservation Group? I forgot to leave my business card when I dropped it off. Thanks, Sheri Lockman Lockman Land Consulting, LLC 36509 WCR 41 Eaton, CO 80615 970-381-0526 • 7/9/2009 Response to Department of Planning Services & Referral Agency Sketch Plan Comments Twin Peaks at Iris Lane PUD The following statements are intended to address each of the specific County regulations, goals and policies as outlined in the September 7, 2007 letter from the Weld County Department of Planning Services, and to ensure this project is in compliance with the Weld County Comprehensive Plan. ADHEREANCE TO THE WELD COUNTY COMPREHENSIVE PLAN GOALS AND POLICIES PUD.Goal 5. — "Demonstrate that adequate facilities and public services are currently available or reasonable obtainable to serve the Planned Unit Development or zone district"— The PUD is being identified as urban scale development. This proposal does have an adequate water supply, which is evidenced by the Commitment to Serve letter from the Little Thompson Water District. According to the PUD performance standards identified in Section 27-2-176, all PUD's considered urban scale development shall be served by an approved sewer system, as defined by the Board of County Commissioners. The developer is requesting septic systems to be considered an approved sewer system for this subdivision. STREET/UTILITY/ACCESS STANDARDS PUD.Policy 5.3— "Creative and innovative approaches to internal road systems will be considered." In order to maintain a rural, estate lot feel to the subdivision, the developer is • requesting a variance to the regulations requiring the installation of curb and gutter for urban scale developments. The developer will address the County Road Impact Fee Program and comply with the fee structure, per Ordinance 2002-11. In accordance with Weld County Public Works Department, the developer will construct the road with three inches of asphalt over six inches of base. A school bus turn-out is identified on the site plan. The developer will also provide a covered bus shelter in the turn-out, in accordance with Thompson RJ-2 standards. Also, the developer will pay the required school impact fee prior to filing the final plat application. A designated road name will be identified on the Final Plan. A subdivision identification sign will be located at the entrance. The signage will adhere to the Weld County PUD and Zoning Ordinance and the applicant will obtain the appropriate permits. The existing overhead power line that crosses the site will be moved off the property. The line services the property to the north which is under the same ownership. No legal easement exists for the line so the property owner will be able to move the line without issue. The relocation will be completed prior to the completion of the site work. OPEN SPACE/LANDSCAPING PUD.Policy 4.2— Approximately 13%of the land area is open space. There will be a recreation area located on the east side of the subdivision with a trail system that will provide a % of a mile loop around the eastern detention pond up to the north detention pond and back. The lots will make up approximately 52%of the PUD acreage. The remainder of the site will be comprised of detention ponds and oil and gas operation areas. • The detention facilities shall be located in outlots, which are maintained by the homeowner's association, and not the responsibility of individual lot owners. An HOA has been formed and will be registered with the State prior to final plat submittal. The landscaping along Weld County Road#3 will be irrigated from a sprinkling system via the Handy Ditch shares. The landscaping will be watered a minimum of twice a week, or as required to keep the landscaping alive, and continued until landscape is self sustainable. ENVIORNMENT CRITERIA Per the request of the Health Department,percolation data was submitted prior to the Change of Zone Application. In accordance with the Weld County Department of Public Health and Environment requirements, primary and secondary leachfield envelopes have been delineated on the plat and language restricting building on the leachfield envelopes will be included in the homeowner's association covenants. DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION IMPROVEMENTS The bus pull-off and mailbox cluster boxes will be reviewed by both the school district and the post office for comments or suggestions. The applicant is requesting a variance to the curb &gutter standards for urban-scale subdivisions. • RESPONSE TO SPECIFIC REFERRAL COMMENTS 1. The applicant shall submit written evidence to the Weld County Department of Planning Services that indicates all of the State of Colorado Geological Survey concerns have been addressed as stated in their referral dated August 3,2007. Site specific soils test will be performed by lot owners prior to building to determine foundation design and ground water levels. 2. The applicant shall address the requirements (concerns) of Weld County Landscape referral, as stated in the referral response dated July 9,2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Landscape plan has been included with this submittal. 3. The applicant shall include in future applications a copy of a surface use agreement with the properties mineral owners and leaseholders stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate their concerns. Additionally, this agreement shall address the use of oil and gas setback areas. Evidence of an agreement or signed understanding shall be . submitted with the Change of Zone application. The applicant will also need to deed their interest in the minerals to the Home Owners Association. Surface use agreement is attached We will not be deeding the mineral interests to the Home Owner's Association. • 4. The Consolidated Home Supply Ditch Company has requirements to be addressed specific to the proposed development; therefore the applicant shall indicate how their concerns will be addressed. The applicant shall provide a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made The owner's of Twin Peaks at iris Lane have made numerous attempts to reach an agreement with the Consolidated Home Supply and Handy Ditch Company. The Company has requested a 100' exclusive easement. Currently both oil and gas and the adjacent property owner have access within this 100'. An agreement has been reached with the adjacent property owner to relocate their access through Iris Lane. A Landscape Easement Agreement was required to obtain this access agreement. Access through Iris Lane has also been granted to the oil and gas companies. However, the owners of Twin Peaks have no control should the oil and gas entities choose to use the existing access. • The Ditch Company has asked the owner's of Twin Peaks to obtain exclusive easements and agreements from surrounding property owners indemnifying the ditch company from damages caused by their ditch and employees. Further, they have asked for reimbursement for legal fees and engineering fees. We do not believe these are reasonable requests. Evidence of our attempt to reach an agreement with the Consolidated Home Supply and Handy Ditch Company is attached. 5. The plat shall be modified to address the following: a. The location of all internal trails shall be accurately delineated. The trails should provide interconnectivity to other developments,and adjacent parks. The perimeter trail has been removed and replaced with a nature trail through a nature park/picnic area on the east side of the property. The frail will provide residents with a' mile round trip walk around the detention pond up to the northern area of the property and back. Should other subdivisions develop in the area, there will be the potential for interconnectivity. • • • • b. All detention ponds, bus shelters, mail boxes, and signs shall be located in outlots that will be owned and maintained by the HOA. Bus shelter and mail boxes are now located in Outlot B. The Subdivision Sign and Detention Ponds are located in Outlot A. c. The 15% open space should be useable and not inclusive of the detention pond and oil and gas setbacks. The applicant shall indicate how they are adhering to the 15% open space minus the detention pond and oil gas setbacks. Lot sizes have been reduced to provide for the 15%open space requirement. d. Staff suggests the applicant relocate Lots 1 and 5 so that the overhead power lines don't intersect the lots. Overhead power lines will be relocated to the north. 6. The Weld County Department of Planning Services requested that referral agencies that did not respond be contacted. Boulder County—Boulder County was contacted on March 11, 2009. County Planner, Pete Fogg indicated no concerns. Town of Berthoud— The Town of Berthoud was contacted on March 11, 2009. Town Planner, Sue Volwles, indicated no concerns. Town of Johnstown— The Town of Johnstown was contacted on March 11, 2009. Town Planner, John Franklin indicated no concerns. School District RE-2J—School District RE-2J was contacted on March 11, 2009. Skip Armatoski stated that they had no concerns. A fee of$1,382 would be required per lot. SUMMARY The responses to the Sketch Plan comments are intended to address the concerns that Weld County staff and the referral agencies expressed. Minor changes to the design of the subdivision are delineated on the new drawings and all the reports should address the concerns that were identified. This PUD application is consistent with the goals and policies of the Weld County Comprehensive Plan as it proposes an urban scale development, which meets and exceeds the established requirements of the Weld County Subdivision, Zoning, and Planned Unit Development Ordinances. • Aug 11 09 02:49p CASSEDAY C1ATIVE DESIGNS 9704548 740 p.1 • DEPARTMENT OF PLANNING SERVICES • rat PLANNING DIVISION j NORTH OFFICE 918 GREELEY, COLORADO 80631 80631 PHONE (970)353-6100, EXT. 3540 FAX (970)304-6498 iiiirieSOUTHWEST OFFICE 4209 CR 24.5 LONGMONT,CO 80504 PHONE: (720)652-4210, Ext.8730 COLORADO FAX: (720)652-4211 jwittow@co.weId.co.us October 30, 2008 Casseday Creative Designs, LLC Attn: Jacob Augenstein 55 South Elm Avenue, Suite 20 Eaton, CO 80615 Dear Mr. Augenstein, IIIEnclosed is your refund in the amount of$630/.00 for your refund request for overpayment on the Twin Peaks PUD. I .. :..... ....: _. . .... .WARRANT hOc Weld County NUMBER 3233229 g By Order of The Board gOg�fCounty Commissioners eae+ rOFICIN0311.114E �ro.� mAID g COLORADO Gr P.O..,C0780632 twt PAY XArnv Wells Fargo (970)356-0000 FAX:(970)352-0242 $ •««•630.00 Greeley,CO 80634 DATE 10/28/2008 I «VOID IF NOT CASHED IN SO DAYS Six Hundred Thirty DOOMS O PAY TO THE ORDER OF CHAIRMAN BOARD OF COUNTY COMMISSIONERS ,o4 CASSEDAY5UTHLCM SUITE E DESIGNS,LLC , , / �`- ,q 55 SOUTH ELM SUITE 210 '�0/,%/1�I��7//U�/ H EATON CO 80615 �g D • • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100,EXT.3540/FAX:970-304-6498 Date: ' 20 C? Receipt No. 1 4 7 1 9 Receive From: ) ) r. ,, ( , L r ' , , Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR -- 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES • 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. 73C� 1 ? ❑CASH `CHECK NO.___/t`;i _ TOTAL FEE Receipted By: , . DL# Exp. • • • • Page l of 2 Linda • From: rstarr8553@aol.com Sent: Thursday, May 08, 2008 7:16 AM To: Linda@ccdplan.com Subject: Re: Twin Peaks at Iris Lane Linda: I have been out of the office and just returned. I will get back on this later this week. Randy Starr& Westbrook PC Attorneys At Law 210 E 29th St PO Box 642 Loveland, CO 80539-0642 Voice 970-667-1029 Fax 970-669-3841 Email rstarr8553@aol.com This transmission contains information from the law firm of Starr& Westbrook PC that is confidential or privileged. The information is intended to be for the use of the person named on this sheet. If you are not the intended recipient, any disclosure, copying, distribution or use of the contents of this electronic information is prohibited. If you have received this transmission in error please notify us by telephone so that we can arrange for the retrieval of the original documents at no cost to you. The following notice is • required by IRS Cir 230: To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full "covered opinion." Accordingly, this advice cannot be used for the purpose of avoiding penalties that may be imposed by the IRS. Original Message From: Linda<Linda@ccdplan.com> To: rstarr8553@aol.com Sent: Wed, 7 May 2008 3:54 pm Subject: Twin Peaks at Iris Lane Randy, I hadn't heard back since I emailed the current deed information to you and wanted to check to see where we are at with the ditch agreement. Let me know. Thanks! Best Regards, Linda Hulse Project Manager/Planner • CaNNIALiv(-tea tivc l)t igr., 55 South Elm Ave. Suite 210 7/2/2008 • • Page 2 of 2 Eaton, CO 80615 (970) 454-8740 ext. 3 of/ice • (970) 454-8742 fax (970)397-1366 mobile liuda@ccdplan.coni www.cassedaycreativedesigns.com '(;RRE('l`.IS,:if von hare any questions or concerns please contact us. Othenrise all it fonnatfon found on this email and as attachments will be considered correct. CONFIDENTIALITY NOTICE: This e-mail is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review,dissemination, copying,printing or other use of this e-mail by persons or entities other than the addressee is prohibited. If you have received this e-mail in error,please contact the sender immediately and delete the material from your computer. Plan your next roadtrip with MapQuest.com: America's#1 Mapping Site. • • 7/2/2008 • • Page 1 of 4 Linda • From: Linda [Linda@ccdplan.com] Sent: Tuesday, April 29, 2008 8:43 AM To: 'rstarr8553@aol.com' Subject: RE: Twin Peaks at Iris Lane Attachments: Merino Deed 002.jpg; Merino Deed 001.jpg Randy, Here is the deed for Lot C. Let me know if you need anything else. Best Regards, Linda Hulse Project Manager/Planner Cat‘StAitly Creative I)vsign+ 55 South Elm Ave. Suite 210 Eaton, CO 80615 (970) 454-8740 ext. 3 office (970) 454-8742 fax • (970)397-1366 mobile linda@ccdplan.cofli mow.cassedaycrentivedesigns.cont t . :R if ton hare any questions or concerns please contact us. Otherwise all information find on this email and its auachntents will he considered correct. C0NF'DENTI,,L;TY/.1O7/CE. This e-mail is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information Any review,dissemination,copying.printing or other use of this e-mail by persons or entities other than the addressee is prohibited. If you have received this e-mail in error,please contact the sender immediately and delete the material from your computer. From: rstarr8553@aol.com [mailto:rstarr8553@aol.com] Sent: Monday, April 28, 2008 8:03 PM To: Linda@ccdplan.com Subject: Re: Twin Peaks at Iris Lane Ms. Hulse: The Assessor's information does not agree with what you have stated. All three parcels are in common ownership according to the Assessor and all are portion of the original property that affects the ditches of the Ditch Company and all parcels should be included in the Agreement. Starr& Westbrook PC Attorneys At Law 210 E 29th St PO Box 642 Loveland, CO 80539-0642 Voice 970-667-1029 • Fax 970-669-3841 Email rstarr8553@aol.com 7/2/2008 • • Page 2 of 4 This transmission contains information from the law firm of Starr& Westbrook PC that is confidential or privileged. The information is intended to be for the use of the person named on this sheet. If you are • not the intended recipient, any disclosure, copying, distribution or use of the contents of this electronic information is prohibited. If you have received this transmission in error please notify us by telephone so that we can arrange for the retrieval of the original documents at no cost to you. The following notice is required by IRS Cir 230: To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full "covered opinion." Accordingly, this advice cannot be used for the purpose of avoiding penalties that may be imposed by the IRS. Original Message From: Linda<Linda@ccdplan.com> To: rstarr8553@aol.com Sent: Mon, 28 Apr 2008 7:45 pm Subject: RE: Twin Peaks at Iris Lane Randy, This agreement is for the development to the south of our property. The owner is Merino Conservation Group, LLC. Burt and Mark Kross are the owners. We will not be crossing the ditch. The legal description is Lot C of AMRE- 3983, Section 5, T4N, R68W. Let me know if you have any other questions. We would like to try and make this next board meeting if possible. Best Regards, Linda Hulse Project Manager/Planner Cd��+.•a6AY C hatRC I)e,Igts 55 South Elm Ave. Suite 210 Eaton, CO 80615 (9 7O1 454-874O ext. 3 office (970) 454-8742 fax (970)397-1366 mobile linda@ccdplan.com wunn.cassed a ycreati vedesigns.con: 1l you have any questions or concerns please contact us. Othenrise all informalian found on this email and its attachments will he considered correct. CONFIDENTIALITY NOTICE: This e-mail is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review,dissemination,copying,printing or other use of this e-mail by persons or entities other than the addressee is prohibited. If you have received this e-mail in error please contact the sender immediately and delete the material from your computer ...._.... . . .. From: rstarr8553(alaol.com [mailto:rstarr8553@aol.com] Sent: Monday, April 28, 2008 7:09 PM • To: Linda(tccdplan.com Cc: bzick(Thtec-engrs.com 7/2/2008 • • Page 3 of 4 Subject: Re: Twin Peaks at Iris Lane • Ms. Hulse: I have attached the standard format of the Agreement that I had prepared for past development of the property owned by the developer in this area. I can recommend signing this Agreement in its current form by the Ditch Company. Please have two originals of the Agreement signed by the developer entities that are shown as the owners of the land. The next board meeting of the Ditch Company's board of directors is May 5, and if you wish the board to act on the Agreement, then I would need to have both signed originals in my hands before May 2. Otherwise action will be deferred until the June board meeting. If you have any questions,please advise. Randy Starr& Westbrook PC Attorneys At Law 210 E 29th St PO Box 642 Loveland, CO 80539-0642 Voice 970-667-1029 Fax 970-669-3841 Email rstarr8553@aol.com This transmission contains information from the law firm of Starr& Westbrook PC that is confidential • or privileged. The information is intended to be for the use of the person named on this sheet. If you are not the intended recipient, any disclosure, copying, distribution or use of the contents of this electronic information is prohibited. If you have received this transmission in error please notify us by telephone so that we can arrange for the retrieval of the original documents at no cost to you. The following notice is required by IRS Cir 230: To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full "covered opinion." Accordingly, this advice cannot be used for the purpose of avoiding penalties that may be imposed by the IRS. Original Message From: Linda<Linda@ccdplan.com> To: rstarr8553@aol.com Sent: Mon, 28 Apr 2008 2:07 pm Subject: Twin Peaks at Iris Lane Mr. Starr, I am the planner for Burt Kross' project"Twin Peaks at Iris Lane". We met with your firm a few months back about our project south of the Home Supply Ditch. We are proposing a 9-Lot PUD. We received a copy of the Drainage review from Brian Zick at the Engineering Company approving our design. We would like to take the next step in getting the Ditch Companies approval for our project. Please let me know what if any additional information you need to assist us in getting an agreement in place. Thank you. Best Regards, • Linda Hulse Project Manager/Planner 7/2/2008 • • • Page4of4 • t_apµttdt'Creative I)e igns 55 South Elm Ave. Suite 210 Eaton, CO 80615 (970) 454-8740 ext. 3 once (970) 454-8742 fax (970)397-1366 mobile linda@ccdplan.com zazow.cassedaycreativedesigns.com 'ORRSi'T\/;TS If yon have any questions or concerns please contact us. Otherwise all information found on this entail and its attachments will be considered correct. CON FIDEVTIAL/TY iVOTiCE: This e-mail is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review,dissemination,copying,printing or other use of this e-mail by persons or entities other than the addressee is prohibited. If you have received this e-mail in error,please contact the sender immediately and delete the material from your computer. Plan your next roadtrip with MapQuest.com: America's#1 Mapping Site. • Plan your next roadtrip with MapQuest.com: America's#1 Mapping Site. • 7/2/2008 Hello