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Home My WebLink About20102244.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Sherry Wiggard &Velois Smith Case Number PZ-1150 (Wigaard Smith Estates PUD) Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X N' X Letter to Applicant N. X Legal Notifications \ 2 Application X N. Maps X N. Deed/Easement Certificate X Surrounding Property/Mineral Owners X N Utilities X ''' 3 Referral List X Referrals without comment X • " 4 Referrals with comments X Weld County Department of Public Works , referral received 7/9/2007 (2 pages) X Weld County Department of Health and Environment(3 pages), referral received X 7/2/2010 N. Weld County Zoning Compliance Officer, referral received 6/7/2010 X N. Colorado Interstate Gas Company, referral received 7/1/2010 (6 pages) X Noble Oil & Gas, electronic mail referral received 6/9/2010 (2 pages) x N, Weld RE-3J School District, referral received 6/10/2010 X N. Office of the State Engineer, Division of Water Resources, referral received X 6/15/2010 (2 pages) Office of the State Engineer, Division of Water Resources, referral received X NI 7/22/2010 (3 pages) anal 81i4Iio N. Southeast Weld Fire Protection District, electronic mail referral received 6/7/2010IT X Ni Colorado Division of Wildlife, referral received 0/31+2010(2 pages) lot3i j 7.0L-fg X 5 3ui rvun&ig f up-rty-Owi,�a bettors 6 PC Exhibits X 6A Sign Posting Affadavit (SU Lot Comm.„fo) X N. 6B Le tt is pd ci wild Can.uridsaammief, ,/vcouiol lo123j2O10 X CPC E-m,;.t ifww 5jAlk,n., N.cxc4 4 , cliaiid 917/Za/Q X • 2010-2244 I hereby certify that the Fifteen(15)items identified herein were submitted to the Department of Planning Services at or prior to the • scheduled Planning Commissioners hearing. Chris Gathman Planner II • • • LAND USE APPLICATION � � SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: PZ-1150 HEARING DATE: September 7, 2010 PLANNER: Chris Gathman APPLICANT: Sherry Wigaard &Velois Smith CIO Cliff McKissack ADDRESS: JCM Development, LLC -8300 Garland Drive, Arvada, Colorado 80005 REQUEST: A Change of Zone from A (Agricultural) to PUD for eight (8) residential lots with Estate Zone Uses (Wiggard Smith Estates PUD) along with four outlots (Outlot A - for central water system appurtenances & distribution and emergency access; Outlot B — Existing Gas Well Production Facility; Outlot C— Entry Sign; and Outlot D—School Bus Shelter& Mail Kiosk) LEGAL DESCRIPTION: Lot B of RE-4833; located in the N2NE4 of Section 28 T1N R64W LOCATION: West of and adjacent to County Road 55 and approximately 685 feet south of the intersection of County Road 55 and County Road 6 • ACRES: 46.79 +/- PARCEL NUMBER: 1475 28 100018 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County Code as follows The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Weld County Department of Public Works, referral received 7/9/2010 < Weld County Department of Public Health & Environment, referral received 7/2/2010 < Weld County Zoning Compliance, referral received 6/7/2010 • Colorado Interstate Gas Company, referral received 7/1/2010 • Noble Energy, electronic mail referral received 6/9/2010 • Weld County School District RE-3J, referral received 6/10/2010 < Colorado Division of Wildlife, referral received 10/31/2008 • Office of State Engineer— Division of Water Resources, referrals received 6/15/2010, 7/22/2010 • Southeast Weld Fire Protection District, electronic mail referral received 6/7/2010 The Department of Planning Services' staff has not received responses from the following agencies: Weld County Building Inspection Southeast Weld Soil Conservation District EXHIBIT Weld County Sheriff's Office • Adams County • _ win C COLORADO CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION CASE NUMBER: PZ-1150 HEARING DATE: September 7, 2010 PLANNER: Chris Gathman APPLICANT: Sherry Wigaard &Velois Smith C/O Cliff McKissack ADDRESS: JCM Development, LLC -8300 Garland Drive, Arvada, Colorado 80005 REQUEST: A Change of Zone from A (Agricultural) to PUD for eight (8) residential lots with Estate Zone Uses (Wiggard Smith Estates PUD) along with four outlots (Outlot A - for central water system appurtenances & distribution and emergency access; Outlot B— Existing Gas Well Production Facility; Outlot C • — Entry Sign; and Outlot D—School Bus Shelter& Mail Kiosk) LEGAL DESCRIPTION: Lot B of RE-4833; located in the N2NE4 of Section 28 Ti N R64W LOCATION: West of and adjacent to County Road 55 and approximately 685 feet south of the intersection of County Road 55 and County Road 6 ACRES: 46.79 +/- PARCEL NUMBER: 1475 28 100018 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-5-30 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-Government Agreement nor is it located within an urban growth boundary. The proposal is consistent with the aforementioned documents as follows: • PZ-1150 Wiggard Smith PUD 2 • Section 22-2-120 A. R.Goal 1. States: "Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district." The Department of Public Health and Environment stated in their July 2, 2010 referral that Chapter 27 of the Weld County Code has been satisfied in regards to sewer service. The applicant is proposing individual septic systems . The applicant is proposing a central water system utilizing an existing well and a proposed new well. The Office of the State Engineer — Division of Water Resources, in their referral response received July 22, 2010, offered the opinion that the proposed water supply is adequate and could be provided without causing injury to decreed water rights provided the existing well (permit No. 180126 is re-permitted according to the decree in water court case 2006CW181. Section 22-2-120 D. R.Goal 4. States: "Residential development should support agriculture, and be supported in agricultural areas, in accordance with the goals and policies of Section 22-2-20 of this Article." Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The site is located in a rural agricultural area on soils that are defined as "Other" according to the by the 1979 USDA Soil Conservation Services map. • 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. Section 27-2-40, Bulk requirements — The applicant intends to adhere to the Estate Zoning requirements in regards to land uses, bulk standards, and lot sizes. No waiver from the Estate Zoning requirements is proposed. 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 an identification sign to be located on Outlot C. The identification sign will meet the height and size requirements of the Weld County Code. Subdivision signs adhere to the size standards of signs for public and quasi-public uses, which is 32-square feet, per Section 23-4-80 of the Weld County Code. Sec. 27-2-140. Nonurban scale development states: "Nonurban scale development proposing individual, private wells and septic systems shall have a minimum lot size of two and one-half (2%) acres per lot. Nonurban scale developments located outside the RUA are not subject to the common open space requirement." This proposed PUD is a nonurban scale PUD (less than 9 lots) in a nonurban area. All lots in the proposed PUD exceed the minimum lot size of two and one-half(21/2) acres per lot. The smallest lot is 4.58 acres. • PZ-1150—Wiggard Smith PUD 3 • 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 PUD is not located within the 3-mile referral area nor coordinated planning area of any municipality. It is located within 3 miles of Adams County. No referral response has been received from Adams County. The proposed PUD is located immediately to the east of the Wildlife Conservation Center (USR-1253) — a kennel/wildlife sanctuary for surplus, confiscated and abused wildlife (lions, tigers, bears...). This facility is completely fenced. A letter has been received from the Wildlife Conservation Center owner expressing concern with having residential lots immediately adjacent to a tiger sanctuary located within the wildlife conservation center boundaries. The operator expressed concerns about people living in close proximity disturbing the animals and is counterproductive to the goals of the wildlife sanctuary, who believes the PUD is an incompatible use and is opposed to this development. It should be noted that there are three existing residences immediately adjacent to the boundaries of the site and five (5) residences within % mile of the facility. The applicant has indicated that the property owner has met with the facility owner/manager to attempt to address/mitigate his concerns. Items discussed included screening along the boundary of the facility to allowing the facility owner to sit on the Wiggard Smith Estates PUD Homeowner's Association. • The Colorado Division of Wildlife provided referral comments regarding the PUD dated October 31, 2008 and this has been attached as a condition of approval. 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 II the Weld County Code. The Department of Public Health and Environment stated in their July 2, 2010 referral that Chapter 27 of the Weld County Code has been satisfied in regards to sewer service. The applicant is proposing individual septic systems. The applicant is proposing a central water system utilizing an existing well and a proposed new well. The Office of the State Engineer — Division of Water Resources, in their referral response received July 22, 2010, offered the opinion that the proposed water supply is adequate and could be provided without causing injury to decreed water rights provided the existing well (permit No. 180126 is re-permitted according to the decree in water court case 2006CW181. Section 27-2-170 of the Weld County Code states: "Water systems, including wells, which rely upon Denver Basin aquifers shall also acquire and incorporate into a permanent supply plan alternative renewable water sources to ensure water supplies for the future." The proposed water system would use two existing water wells relying on Denver Basin aquifers. The Department of Planning Services is requiring the applicant to address the criteria outlined in Section 27-2-170 as a condition of approval (prior to recording the plat) of this application. • PZ-1150 Wiggard Smith PUD 4 • 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. County Road 55 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of setback outlined in Weld County Code section 23-1-90, the required setback is measured from the future right-of-way line. The applicant shall obtain an Access Permit for the PUD access onto County Road 55. Please contact the Public Works Traffic Engineer to obtain the permit. 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. The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for On-site Private Road Maintenance with the Final Plan application. This agreement must be reviewed by Public Works and shall be approved by the Board of County Commissioners (BOCC) prior to recording any Final Plat. 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. • The site is not located within any overlay district. 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 Department of Planning Services is recommending that this Change of Zone be approved as a specific development and that it be reviewed administratively at the final plat stage. This approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from A (Agricultural) to PUD for Eight(8) residential lots with Estate uses is conditional upon the following: 1. Prior to recording the Change of Zone plat: A. The plat shall be amended as follows: • 1) All sheets of the plat shall be labeled PZ-1150. (Department of Planning Services) PZ-1150—Wiggard Smith PUD 5 • 2) "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) 3) Front side and rear utility easements are not required to be indicated on the Change of Zone plat and shall be removed. Topographical lines shall also be removed from the plat. The property boundary and all recorded easements shall be shown on the plat. (Department of Planning Services) 4) Identify, the internal road, "Annie Lane" as being privately maintained. (Department of Public Works) B. As the facility's water system serves more than 25 persons on a daily basis, the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Written evidence shall be provided to the Weld County Departments of Public Health and Environment and Planning Services, from the Drinking Water Section of the Water Quality Control Division of the Colorado Department of Public Health and Environment that the system complies with the Colorado Primary Drinking Water Regulations. (Department of Public Health and Environment) C. The applicant shall attempt to address the requirements/recommendations of the Colorado Division of Wildlife as stated in their referral dated October 31, 2008. (Colorado Division of Wildlife) D. The applicant shall attempt to address the requirements/concerns of the Southeast Weld Fire Protection District as stated in their electronic mail received June 7, 2010. (Southeast Weld • Fire Protection District) E. Section 27-2-170 of the Weld County Code states: "Water systems, including wells, which rely upon Denver Basin aquifers shall also acquire and incorporate into a permanent supply plan alternative renewable water sources to ensure water supplies for the future." The applicant shall provide written evidence/documentation to the Department of Planning Services that the criteria stated in Section 27-2-170 in regards to alternative renewable water sources have been addressed. F. 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. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services). (Department of Planning Services) G. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: A. A Change of Zone from A (Agricultural) to PUD for eight (8) residential lots with Estate Zone Uses (Wiggard Smith PUD) along with four outlots (Outlot A - for central water system appurtenances & distribution and emergency access; Outlot B — Existing Gas Well • Production Facility; Outlot C — Entry Sign; and Outlot D — School Bus Shelter & Mail Kiosk). PZ-1150 Wiggard Smith PUD 6 • The E (Estate) lots shall comply with all (Estate) requirements. (Department of Planning Services) B. A Home Owner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) C. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times. (Department of Planning Services) D. Signs shall adhere to Article IV, Division 2 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) E. Water service shall be obtained from a private central water system. (Department of Public Health and Environment) F. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) G. 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 Control Division • of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) H. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) I. 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. (Department of Public Health and Environment) J. 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. (Department of Public Health and Environment) K. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the designated absorption field site. (Department of Public Health and Environment) L. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Department of Public Health and Environment) M. A separate building permit shall be obtained prior to the construction of any structure. • (Department of Building Inspection) PZ-1150—Wiggard Smith PUD 7 • N. 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) O. 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) P. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (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. Weld County personnel 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) S. 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) T. 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) U. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) V. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 3. 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) • PZ-1150 Wiggard Smith PUD 8 • 4. 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. 5. At the time of Final Plan submission: A. The applicant shall submit a set of sign standards as required by Section 27-6-90.E.1. of the Weld County Code for review and approval. (Department of Planning Services, Sheriffs Office) B. The applicant shall submit development covenants for Wiggard Smith Estates PUD. The covenants shall address that state: "Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the designated absorption field site." The covenants shall also address signage requirements and refer to the Weld County Code. (Department of Public Health and Environment) C. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of the Weld County Code. (Department of Planning Services) D. Easements shall be delineated on the final plat in accordance with County standards (Section 24-7-60) and Utility Board recommendations. (Departments of Planning Services and Public Works) E. The applicant shall submit all proposed street names and lot addresses to the Weld County • Department of Planning Services for review and approval by the Windsor-Severance Fire Protection District, the Weld County Sheriff's Office, the Weld County Ambulance Services Department and the Post Office for review and approval. (Department of Planning Services) F. The applicant shall submit 3 copies of the Bylaws and Articles of Incorporation for the Homeowners Association for review and approval. (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) H. The applicant shall address the conditions of the Colorado Interstate Gas referral dated July 1, 2010. Written evidence of such shall be provided to the Department of Planning Services. (Colorado Interstate Gas) I. Easements shall be shown on the final plat in accordance with County standards (Section 24- 7-60) and /or Utility Board recommendations. (Department of Public Works) J. Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less than 2% feet in height at maturity, and noted on the final roadway plans. (Department of Public Works) K. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway/construction & grading plan drawings for review(with the final plan application) and approval. Construction details must be included. (Department of Public Works) • PZ-1150 Wiggard Smith PUD 9 L. The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for On-site Private Road Maintenance with the final plan application. These agreements must be reviewed by Public Works and shall be approved by the Board of County Commissioners (BOCC) prior to recording any final plat. (Department of Public Works) M. Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. (Department of Public Works) N. Please add the following note on the Final Plat: The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) O. The applicant shall repermit well permit no. 180126 pursuant to the terms in the water court decree in case No. 2006CW181. (Division of Water Resources) 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. The applicant shall provide evidence that the requirements of the Weld RE-3J School District as stated in their referral dated 6/10/2010 have been addressed. Evidence that the cash in lieu of land fee has been paid shall be provided to the Department of Planning Services. (Weld County School District RE-3J) D. An improvements agreement will be required prior to recording of the final plat.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 Use by Special Review plat. E. 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) 7. Prior to release of collateral: A. Evidence shall be provided that Outlots A, B, C and D have been deeded to the Homeowner's Association. (Department of Planning Services) • PZ-1150 Wiggard Smith PUD 10 • a DEPARTMENT OF PLANNING SERVICES 1555 N 171'AVE GREE6100 80631 0 PHONE: (970)REEL 00,COO 3540 FAX: (970) 304-6498 ik COLORADO August 19, 2010 Sherry Wigaard &Velois Smith c/o Cliff McKissack JCM Development 8300 Garland Dr Arvada CO 80005 Subject: PZ-1150-A Change of Zone from the A (Agricultural)Zone District to the PUD (Planned Unit Development) Zone District for eight(8)residential lots with E (Estate)Zone uses, along with four outlots(Outlot A-for central water system appurtenances and distribution and emergency access; Outlot B-existing gas well production facility; Outlot C-entry Sign; and Outlot D-school bus shelter and mail kiosk)—Wigaard Smith PUD on a parcel of land described as Lot B RE-4833; located in the N2NE4 of Section 28,Ti N, R64W of the 6th P.M.,Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 7, 2010, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10`" Street, Greeley, Colorado. A subsequent hearing will be held on September 29, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 101" 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.cc.us/Departments/Pla nn inciZoni nq/Pla nni nq Department/index.html If you have any questions concerning this matter, please call. Respectfully, Digitally signed by K,istine eae518m C 1 I Beawrc am the author of this document it j .}, 1�A.r o L«aron.1555 N 17th Ave 9966 J`J Date,25110O8 19 11 28:09 MX' Chris Gathman • Planner l • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 8/23/2010 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, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR PZ-1150 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign di:a • Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thisay of jief,- , 2010. WITNESS my hand and official seal. y `• Notary Publi , BETHANY ; t SA:ZMA t 1 My Commission Expires: 1014-1-1 I Ca' Ciak• • EXHIBIT 4, A Par lh"d BOARD OF COUNTY COMMISSIONERS' SIGN POSTING • CERTIFICATE THE LAST DAY TO POST THE SIGN IS August 23, 2010 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, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 15 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR PZ-1150 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign 6kro • Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of ,-f"" " - ( , 2010. WITNESS my hand and official seal. Y otary Public l SAIZWAN ca Nom?, :@a 1t� I I qlF OF'e%O YQ My Commission Expires: Iv �`i-1,t ^cS.C� • I' • ;9 'i ' • ' f,: 1• I I. . �7 . f •' 1 /• L I . • .cam % Ail ir,`. ' .y r p diPir44. .til1 I , r - ,N _ 4 7r /.'y .HIV\ r re_ J ,,.? .. ciitiiii. , .... VI I J -t. ... .. 3 r ° if) • n m E 0Q a lit 271' U x , i . � ) t 1 ‘ ' r7 .1 a • �� /O U W ` va `\ O • 'Iv) i 4, . . .. . 47 Y4 • w up, itapk OC _ II ! -c. Ca Q d r�yr, �4 L a:-._ fj,g{1hr1. 1 r 1$t* j )404 N .f) i L. `- Q O � ist.1.' 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N.— x-'•11" .Y ` • ^` t- ''� - S. al FIELD CHECK inspection dates: 8/27/2010 APPLICANT: Sherry Wigaard &Velois Smith C/O Cliff McKissack CASE #: PZ-1150 REQUEST: A Change of Zone from A(Agricultural)to PUD for eight(8) residential lots with Estate Zone Uses (Wiggard Smith Estates PUD) along with four outlots (Outlot A - for central water system appurtenances & distribution and emergency access; Outlot B—Existing Gas Well Production Facility; Outlot C— Entry Sign; and Outlot D—School Bus Shelter& Mail Kiosk) LEGAL: Lot B of RE-4833; located in the N2NE4 of Section 28 Ti N R64W LOCATION: West of and adjacent to County Road 55 and approximately 685 feet south of the intersection of County Road 55 and County Road 6 PARCEL ID #: 1475 28 100018 ACRES: 46.79 +/- Zoning Land Use N A N Two Single-Family Residences E A E Ag land S A S Powerline— vacant land W A W USR-1253 (Wildlife Conservation Center) • COMMENTS: Vacant parcel. f t E� Chris Gathman - Planner Ill • Chris Gathman om: CLIFF MCKISSACK[cliffmckissack@q.com] nt: Friday, September 10, 2010 1:49 PM o: Chris Gathman Subject: Nem email address Chris, Please note new email address is cliffmckissack(&i.com Have a good weekend. Cliff • • 1 Chris Gathman 000m: Chris Gathman nt: Wednesday, July 14, 2010 10:26 AM : 'cliffmckissack@comcast.net' Subject: RE: PZ-1150 referrals Cliff, Sorry it took me a while to get back to you. Had some other fires I was dealing with. Looks like all referrals we are going to get have been received. I would be happy to meet with you on this either later this week or next week. This week I have meetings until 10 AM on Thursday and a 2:30 PM meeting Thursday Afternoon. Friday I will be available after 10 AM or so. Let me know what your schedule is and we can coordinate something. I wanted to let you know the probable timeline on this. In regards to hearing schedules - (in order to meet notice requirements/timelines. . .) we are looking at a September 7th Planning Commission hearing date with a likely Board of Commissioners hearing date of 2-3 weeks after the Planning Commission hearing. I believe I have forwarded all of the responses that I have received to you via e-mail. Have you had any conversations with Mr. Craig re: the animal habitat issue? Let me know if you have any questions. Sincerely, Alkhris Gathman Tanner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: cliffmckissack@comcast.net [mailto:cliffmckissack@comcast.net] Sent: Wednesday, July 07, 2010 10:38 AM To: Chris Gathman Subject: Re: PZ-1150 referrals Thanks Chris. How many more referrals are you waiting for? Do we need to meet after all referrals are in? Let me know. Thanks for your help. Cliff Original Message From: "Chris Gathman" ccgathman@co.weld.co.us> To: cliffmckissack@comcast.net font: Wednesday, July 7, 2010 9:55:27 AM bject: PZ-1150 referrals Cliff, 1 • • Here are some more referrals. iiincerely, hris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 • • 2 Kristine Ranslem rom: Kristine Ranslem ..nt: Monday, June 07, 2010 7:26 AM o: 'cliffmckissack@comcast.net' Subject: PZ-1150 Attachments: pz1150.pdf Please see the attached letter. .yktivte rt cLev4 Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • 1 a DEPARTMENT OF PLANNING SERVICES • f� 1555 N 1 80631 111 AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 IFAX: (970) 304-6498 COLORADO June 2, 2010 Sherry Wigaard &Velois Smith c/o Cliff McKissack JCM Development 8300 Garland Dr Arvada CO 80005 Subject: PZ-1150 - Request for a Change of Zone from A (Agricultural)to PUD for eight (8) residential lots with Estate Zone Uses (Wigaard Smith PUD) along with four outlots (Outlot A -for central water system appurtenances & distribution and emergency access; Outlot B - Existing Gas Well Production Facility; Outlot C - Entry Sign; and Outlot D - School Bus Shelter& Mail Kiosk) on a parcel of land described as Lot B RE-4833; located in the N2NE4 of Section 28, T1N, R64W 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. If you have any questions concerning this application, please call. Respectfully, /� Digitally signed by Kristine Ranslem ( I'1.6� ..44--'J , Reason:l am the author of this document Locanon: N 17th Ave Date.3010.06.03 13610:58 O6'00' Chris Gathman Planner • • WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICE4 918 10T"STREET GREELEY,CO 80631 PHONE:-7 970-353-6100,EXT.3540/FAX:970-304-6498 Date: RGL� G U` 20 PO Receipt p /No. 15560 Received From: cs� VV\1S ci Vdo.s Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 424HANGE FZO2S \ 84o+ P. t 1,900.00 4221-PU D • 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. ❑CASHMCHECK NO. I z`I (. ,,TOTAL FEE \ ICCD• dc--' ReceiptedBy:( p WDL# Exp. • • ! Chris Gathman om: Heidi Hansen t: Monday, March 15, 2010 1:39 PM Chris Gathman Subject: JCM Development(Wigaard/Smith Estates PUD) Chris, Additional drainage calculations have been submitted for this project and Public works is now able to review this application. Thanks, Heidi Heidi Hansen, P.E. Weld County Public Works 1111 H Street •eley, CO 80631 970.304.6496 ext. 3745 hhansen0co.weld.co.us <mailto:hhansenico.weld.co.us> • 1 Hello