HomeMy WebLinkAbout20081193.tiff INVENTORY OF ITEMS FOR CONSIDERATION
• Applicant Bollinger Case Number AMPZ-516
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Sign Posting Affadavit X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
City of Greeley referral received 11/28/2007 X
Weld County Sheriffs Office referral received 11/13/2007 X
• Town of Eaton referral received 11/13/2007 X
4 Referrals with comments X
Weld County Department of Public Works referral received 12/12/2007(2 pages) X
Weld County Department of Public Health and Environment referral received X
14/?z6/2007(3 pages)
5 Surrounding Property Owners/Mineral Owners -Letters
6 PC Exhibits
6a Letter from John Barry of Witwer, Oldenburg, Barry&Johnson dated February 11, X
2008
6b AMPZ-516 amendments memo from Planning Staff dated March 4, 2008 X
7 Planning Commission Resolution
I hereby certify that the 11 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing. `.r-mil{-/—,�11 1
Chris Gathman J Planner
EXHIBIT
CP2M*-1-5/40
2008-1193
• LAND USE APPLICATION
SUMMARY SHEET
IIiDcPLANNED UNIT DEVELOPMENT AMENDED CHANGE OF ZONE
COLORADO
CASE NUMBER: AMPZ-516 PLANNER: Chris Gathman
HEARING DATE: March 4, 2008(continued from January 8, 2008 and February 5, 2008)
APPLICANT: George Bollinger C/O Scott Realty
ADDRESS: 1212 8m Avenue, Greeley, CO 80631
REQUEST: An amendment to the PUD Change of Zone from Agricultural to Estate for a
portion of Outlot A (in order to allow for two additional residential lots) in Avery
Acres PUD
LEGAL: Outlot A of Avery Acres PUD; located in the W2 of Section 10, T6N, R65W of the
6'h P.M., Weld County, Colorado
LOCATION: East of and adjacent to County Road 43 and south of and adjacent to County
Road 72 section line.
ACRES: 7+/-acres PARCEL#0803 10 001006
• POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral dated August 27, 2007
• City of Greeley, referral dated November 26, 2007
• Town of Eaton, referral dated November 9 ,2007
Weld County Department of Public Health and Environment, referral dated December 10, 2007
• Weld County Department of Public Works, referral dated December 12, 2007
• Weld County Sheriff's Office, referral dated November 9, 2007
The Department of Planning Services'staff has not received responses from:
• Galeton Fire Protection District
• EXHIBIT
1
Avery PUD AMPZ-516 Page 1
• •
• a
fa ze CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
11`k
COLORADO
CASE NUMBER: AMPZ-516 PLANNER: Chris Gathman
HEARING DATE: March 4, 2008 (Continued from January 8, 2008 and February 5, 2008)
APPLICANT: George Bollinger CIO Scott Realty
ADDRESS: 1212 8th Avenue, Greeley, CO 80631
REQUEST: An amendment to the PUD Change of Zone from Agricultural to Estate for a
portion of Outlot A (in order to allow for two additional residential lots) in Avery
Acres PUD
LEGAL: Outlot A of Avery Acres PUD; located in the W2 of Section 10, T6N, R65W of the
6th P.M., Weld County, Colorado
• LOCATION: East of and adjacent to County Road 43 and north of and adjacent to County
Road 70
ACRES: 7 +/- acres PARCEL#0803 10 001006
Commentary: The applicant is proposing to change the zoning on a portion of Outlot A of Avery Acres
PUD from A (Agricultural) to E (Estate) to create two additional residential lots (proposed Lots 6 and 7).
This application is in conjunction with 2n°AMPF-496 in which all of Outlot A to the south of Avery Drive is
to be vacated and the proposed residential lots (to be rezoned under AMPZ-512) are to be created. The
applicants are also proposing to extend Avery Drive to the north to connect to County Road 72. Because
2na AMPF-496 is a final plat amendment, per Chapter 27 of the Weld County Code it has one hearing
before the Board of County Commissioners. AMPZ-516 and 2nd AMPF-496 will be presented at the same
time before the Board of County Commissioners.
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-Governmental Agreement. The proposal is
consistent with the aforementioned documents as follows:
Avery PUD AMPZ-516 Page 2
• •
1. Section 22-2-190 - D. R.Goal 4. Conversion of agricultural land to E (Estate) Zone
• residential uses may be accommodated when the subject site is in an area that can
support such development. The two proposed Estate lots would be adjacent to
Avery Acres PUD (5 lots). All five (5) existing residential lots in Avery Acres are
zoned Estate.
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 27-2-20, Access standards—The applicant originally proposed to access the site
via an access easement extending off of Avery Drive. After subsequent review, the
Departments of Planning Services and Public Works are requiring right-of-way for Avery
Drive be extended to the north to encompass a minimum 30-foot access connection to
County Road 72.
Section 27-2-40, Bulk requirements — The applicant has chosen to adopt the bulk
requirements of the E (Estate)Zone District.
Sec. 27-2-140. Nonurban scale development. Nonurban scale developments are
developments comprised of nine (9)or fewer residential lots, located in a nonurban area
as defined in Chapter 22 of this Code, not adjacent to other PUDs, subdivisions,
municipal boundaries or urban growth corridors. Avery Acres PUD is located in a
nonurban area. The two proposed additional lots would create a total of seven (7) lots in
the Avery Acres PUD which is consistent with nonurban scale development
requirements.
• 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 subject property lies within the three
mile referral area of the City of Greeley and Town of Eaton. Both the City of Greeley and
Town of Eaton indicated in their respective referrals dated November 26 and November
9, 2007 that they had no concerns with the application.
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 North Weld County Water District
indicated in their letter Dated February 1, 2008 that they are able to and intend to provide
water to the proposed new lots (Lots 6 and 7). All other lots on the site have existing
water service. The Department of Public Health and Environment has recommended
approval of this application in their referral dated December 10, 2007.
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 Department of Public
Works is requiring that 30-feet of right-of-way be dedicated for County Road 72 to ensure
access to the proposed lots and to provide a second access connection to the remainder
of the Avery Acres PUD.
•
Avery PUD AMPZ-516 Page 3
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 Department of Public Works is requiring that 30-feet of
right-of-way be dedicated for County Road 72 and that an on-site improvements
agreement be submitted for the internal road at the time of the 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 western portion of Avery
Acres is located within the 100-year floodplain limits of Lone Tree Creek. Per the
Department of Public Works, portions of Outlot C shall be labeled as "No Build Zones
with the exception of agriculturally exempt, non-insurable facilities." The Department of
Public Works is requiring that Avery Drive be extended to the north to connect with
County Road 72 to allow for another access point. Portions of Avery Drive to the south
and west are located within the floodplain (FIRM Community Panel Map 080266 0489C).
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 Common Open Space Usage
(page 5) of the conceptual development guide submitted with the original Avery PUD
change of zone application (approved by the Board of County Commissioners on
December 16, 1998) states: "We respectfully request that the remaining agricultural outlot
be accepted as open space in this requirement. It provides a significant border between
the residential PUD and any county roads as well as ensuring that the open feel which
these lots will have is maintained forever." The proposed amended change of zone would
create two additional lots between the existing residences and County Road 72 to the
north. However, the balance of the open space area to the west will remain within the
boundaries of Lot A, is located within the 100-year floodplain, and is to be designated as
non-buildable with the exception of agriculturally exempt, non-insurable facilities.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Amended Change of Zone from the A (Agricultural) Zone District to E(Estate) for a portion of Outlot
A within Avery Acres PUD is conditional upon the following:
1. Prior to recording the Amended Change of Zone plat:
A. The applicant shall address the requirements (concerns) of Department of Public Works,
as stated in the referral response dated December 12, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
B. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled AMPZ-516. (Department of Planning
• Services)
2. The approved change of zone plat notes. (Department of Planning Services)
Avery PUD AMPZ-516 Page 4
3. The reference to the area to be rezoned as "Outlot C" shall be removed. The
area to be rezoned shall be identified as "Lot 6" and "Lot 7". (Department of
Planning Services)
4. The statement "Area to be Vacated from Avery Acres PUD" shall be removed.
(Department of Planning Services)
5. Areas of Outlot A within the 100-year floodplain shall be labeled as "no-build
zone with the exception of agriculturally exempt, non-insurable buildings."
2. The Amended Change of Zone is conditional upon the following and that each shall be placed on
the Amended Change of Zone plat as notes prior to recording:
A. The site specific development plan is for a PUD Amended Change of Zone from the A
(Agricultural)Zone District to E (Estate)Zone District for a portion of Outlot A within Avery
Acres PUD and subject and governed by the Conditions of Approval stated hereon and
all applicable Weld County Regulations. (Department of Planning Services)
B. Development on Outlot A shall be limited to structures related to agricultural use.
Agricultural uses on Outlot A shall be limited to Uses by Right and Accessory Uses in the
A (Agricultural) Zone District (Article III, Division I of the Weld County Code, as
amended). No residential structures shall be allowed. (Department of Planning Services)
C. Water service shall be obtained from the North Weld County Water District.
(Department of Public Health and Environment)
D. This PUD is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
• regulations of the Colorado Department of Public Health and Environment, Water
Quality Control Division and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system. (Department of
Public Health and Environment)
E. 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.cdnhe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
F. 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. (Department of Public Health and Environment)
G. 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)
H. 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)
• I. "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)
Avery PUD AMPZ-516 Page 5
J. A Homeowner'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 along with the enforcement of covenants. Open space restrictions are
permanent. (Department of Planning Services)
K. Stop signs and street name signs will be required at all intersections. (Department of
Public Works)
L. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. THE ACCESS ROAD TO THIS LOT IS WITHIN THE FEMA
REGULATORY FLOODPLAIN LIMITS FOR LONE TREE CREEK AND MAY NOT BE
PASSABLE DURING A 100-YEAR STORM EVENT. Please be advised that owners of
Lots 6 and 7 may not be able to obtain building permits to construct non-agricultural
structures. All construction or improvements occurring in the flood plain as delineated on
Federal Emergency Management Agency FIRM Community Panel Map 080266 0489 C
dated September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all
applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 60.
M. All signs including entrance signs shall require building permits. Signs shall adhere to
Article 4 Division 2 and Appendix 23-C through 23-E of the Weld County Code. These
requirements shall apply to all temporary and permanent signs. (Department of Planning
Services)
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
• O. Building permits shall be obtained prior to the construction of any building or structure.
Building permits are also required for signs and structures such as bus shelters if
provided. (Department of Building Inspection)
P. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying
for each permit. (Department of Building Inspection)
Q. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2003 International Building
Code, 2003 International Residential Code, 2003 International Mechanical Code, 2003
International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
R. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
S. Prior to all new construction a letter of approval from the Galeton Fire Protection District
shall be submitted to the Department of Building Inspection. (Department of Building
Inspection)
T. Building height shall be measured in accordance with the applicable Building Code for
the purpose of determining the maximum building size and height for various uses and
• types of construction and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance
Avery PUD AMPZ-516 Page 6
with Chapter 23 of the Weld County Code in order to determine compliance with offset
•
and setback requirements. Off-set and setback requirements are measured to the
farthest projection from the building. (Department of Building Inspection)
U. 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)
V. Personnel from Weld County Government shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Development Standards stated herein and all applicable Weld County
regulations. (Department of Planning Services)
W. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, Planning Services,
and State and Federal agencies and the Weld County Code. (Department of Planning
Services)
X. Property shall be maintained in such a manner that grasses and weeds are not permitted
to grow taller than twelve (12) inches. In no event shall the property owners allow the
growth of noxious weeds. (Department of Planning Services)
Y. 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)
Z. 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 two (2) 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)
AA. 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 Amended Change of Zone plat map shall be submitted to the Department of Planning
Services' for recording within thirty(30) days of approval by the Board of County Commissioners.
With the Amended 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)
4. At the time of Final Plan application submission:
• A. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the Final Plat. (Department of Planning Services)
Avery PUD AMPZ-516 Page 7
• B. The applicant shall submit an on-site (Private) Improvements Agreement with the Final
Plat application that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code. (Department of Planning
Services)
C. The applicant shall dedicate 30-feet of right-of-way for County Road 72 on the Final Plat.
(Department of Planning Services)
D. The applicant shall submit revised covenants for Avery Acres PUD. The covenants shall
be approved by the Weld County Attorney's Office prior to recording the final plat.
(Departments of Public Health and Environment and Planning Services)
E. All rights-of-way for proposed roadways must be dedicated on the final plat. (Department
of Public Works)
F. Improvements agreements (on-site) shall be approved by the BOCC prior to recording
the final plat. (Department of Public Works)
G. The applicant shall submit an executed agreement securing water from the North Weld
County Water District for service to the PUD. Evidence of the agreement and sign off
from the North Weld County District shall be provided to the Department of Planning
Services. (Department of Planning Services)
H. The applicant shall complete a Nonexclusive License Agreement for the upgrade and
maintenance of County Road 72 right-of-way. There is a $100 application fee for the
Nonexclusive License Agreement. There is additionally a $150 fee for the fabrication and
• installation of blue and white cross road signs identifying the section line road intersection
for the use of addressing and emergency response. The blue and white signs identify a
non-maintained County right-of-way. Distance and location from the nearest county road
may require additional information signs. The fee for the sign designating the access as
a non-maintained county right-of-way shall be paid to the Department of Public Works
and the sign shall be installed prior to recording the plat. If existing signs are in place, the
fee and installation may be waived by the Department of Public Works. Evidence of such
shall be submitted to the Department of Planning Services. (Department of Planning
Services)
I. 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)
5. Prior to construction:
A. Stop signs and street name signs will be required at all intersections. (Department of
Public Works)
B. A letter of approval from the Galeton Fire Protection District shall be submitted to the
Department of Building Inspection. (Department of Building Inspection)
•
Avery PUD AMPZ-516 Page 8
• •
DEPARTMENT OF PLANNING SERVICES
rat6 NORTH OFFICE
• _- 918 10THStreet
CO GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
IFAX: (970) 304-6498
WI`Pc.
COLORADO
November 6, 2007
George Bollinger
do Scott Realty Co.
1212 8 Av
Greeley CO 80631
Subject: AMPZ-512- Request for a An amendment to the PUD change of zone(create one(1)additional residential
lot with estate zoned uses)for Avery Acres PUD. on a parcel of land described as Lot A of Avery Acres
PUD; located in W2 of Section 10,T6N, R65 of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for January 8,2007,at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 918 10'Street, Greeley, Colorado. Mt is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
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 Eaton and Greeley Planning Commission for their review and
comments. Please call Eaton at 970-454-3338 and Greeley at 970-350-9770 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 Eaton and Greeley
Planning Commission meeting to answer any questions the Commission members may have with respect to your
application.
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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
,
Chris Gathman
• Planner
MEMORANDUM
• III TO: Planning Commissioners
COLORADO DATE: February 27, 2008
FROM: Chris Gathman — Planner II ti r
SUBJECT: AMPZ-516 comments and submittals
Attached are the AMPZ-516 comments amended to reflect the increase in lots proposed from
(one residential lot to two residential lots). I have attached a map showing the change to the plat.
Also a letter from an attorney representing the property owners of Avery Acres is attached. I
have also attached a section from the original questionnaire for Avery Acres (Z-516)which was
approved in December of 1998. This section of the questionnaire addresses the use of the open
space area which is now proposed to be amended under this amended change of zone.
All remaining items (referrals...)were included in the January 8`" and February 5th Planning
Commission packets.
•
S
J ' s
. PLANNING COMMISSIONERS'
SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS DECEMBER 25, 2007. 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF
COUNTY COMMISSIONERS HEARING FOR AN AMENDMENT TO THE PUD CHANGE OF
ZONE (CREATE ONE (1)ADDITIONAL RESIDENTIAL LOT WITH ESTATE ZONED USES) FOR
AVERY ACRES PUD
KIM OGLE
Name of Person Posting Sign
•
Si n of Person Posting Sign
9 9
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this �1 day of ;,2007.
WITNESS my ha dAndL icial seal.
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• FIELD CHECK
APPLICANT: George Bollinger CASE #: AMPZ-516
REQUEST: An amendment to the PUD Change of Zone from Agricultural to Estate for a portion of Outlot
A (in order to allow for one additional residential lot) in Avery Acres PUD
LEGAL: Outlot A of Avery Acres PUD; located in the W2 of Section 10, T6N, R65W of the 6th P.M.,
Weld County, Colorado
LOCATION: East of and adjacent to County Road 43 and south of and adjacent to County Road 72
section line
PARCEL ID #: 0803 10 001006 ACRES: +/- 7 Acres
Zoning Land Use
N A N Ag land/Air strip
E A E Ag land
S A S Avery Acres PUD (5 residential lots)
W A W Ag land/single-family residence
• COMMENTS:
Area to be rezoned located on an agricultural parcel. Parcel has an existing well and is crossed by a 30-
foot North Weld County Waterline easement.
(� ��
Chris Gathman - Planner II
•
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