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4ri P.U.D Final Plan
WilDe Summary Sheet
COLORADO
Case Number: AMPF-632 Hearing Date: February 28, 2007
Applicant: GKD, LLC (Gary DeJohn)
Address: 24349 & 24351 Cottonwood Lane, Kersey, CO 80644
Request: An Amendment to a PUD Final Plat to relocate an existing residential lot
(Lot 13) and to reconfigure existing open space for Cottonwood Falls
PUD
Legal Description: Cottonwood Falls PUD (PF-632), being part of E2 of Section 34 and part
of the W2 of Section 35, Township 5 North, Range 63 West of the 6th
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P.M., Weld County, Colorado.
Location: West of and adjacent to County Road 69 and approximately 2 miles north
of State Highway 34.
Parcel Size: +/-8.79 acres Parcel Numbers: 0965 34 101013 & 0965 34 101014
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' Staff has received responses from the following
agencies:
• Weld County Department of Public Health and Environment, referral received February
13, 2007
• Weld County Department of Public Works, referral received February 12, 2007
• Weld County Building Inspection, referral received January 16, 2007
• Colorado Historical Society, referral received January 19, 2007
• Weld County RE-7 School District, referral received January 15, 2007
• Office of the State Engineer— Division of Water Resources, referral received January
22, 2007
Referral responses were not received from the following agencies:
Weld County Code Compliance Officer
AMPF-632 Cottonwood Falls PUD Page 1 2007-0454
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P.U.D Final Plan
Administrative Review
Wipe
COLORADO
Case Number: AMPF-632 Hearing Date: February 28, 2007
Planner: C. Gathman
Applicant: GKD, LLC (Gary DeJohn)
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Address: 24349 & 24351 Cottonwood Lane, Kersey, CO 80644
Request: An Amendment to a PUD Final Plat to relocate an existing residential lot
(Lot 13) and to reconfigure existing open space for Cottonwood Falls
PUD
Legal Description: Cottonwood Falls PUD (PF-632), being part of E2 of Section 34 and part
of the W2 of Section 35, Township 5 North, Range 63 West of the 6th
P.M., Weld County, Colorado.
Location: West of and adjacent to County Road 69 and approximately 2 miles north
of State Highway 34.
Parcel Size: +/- 8.79 acres (Lot 13 — 1.693 acres, Open Space — 7.103 acres)
Parcel Numbers: 0965 34 101013 & 0965 34 101014
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
27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as
follows:
AMPF-632 Cottonwood Falls PUD Page 2
a. Section 27-7-40.C.1—That the proposal is consistent with Chapters 19, 22, 23, 24
and 26 of the Weld County Code and any intergovernmental agreement in effect
influencing the PUD. The proposed amended PUD Final Plan is consistent with
all the applicable chapters of the Weld County Code. This amendment will not
change the amount of open space and lot sizes will remain unchanged.
b. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD
will conform with the performance standards of the PUD Zone District contained
in Article II, Chapter 27 of the Weld County Code. The proposal does not affect
the performance standards and/or the development standards for the
Cottonwood Falls PUD Final Plat recorded on November 20, 2003.
c. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible
with the existing or future development of the surrounding area as permitted by
the existing zoning, and with the future development as projected by Chapter 22
of the Weld County Code or master plans of affected municipalities. This PUD is
located outside of any IGA boundary and outside of any 3-mile municipal referral
areas. No letters of objection have been received from surrounding property
owners.
d. Section 27-7-40.C.4 -- That adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the performance standards in Article II, Chapter 27 of the Weld
County Code. Cottonwood Falls PUD is currently served by three wells (permit
#s 242268, 35062-F and 35063-F) along with individual septic systems. The
applicant is required to demonstrate that the wells are in compliance with the
Colorado Division of Water Resources well requirements and demonstrate that
the PUD is in compliance with Colorado Primary Drinking Water Regulations as
conditions of approval for this amendment.
e. Section 27-7-40.C.5 -- That street or highway facilities providing access to the
property are adequate in functional classification, width, and structural capacity to
meet the traffic requirements of the uses of the proposed PUD Zone District. The
proposal does not affect transportation infrastructure or rights-of-way.
f. Section 27-7-40.C.6 - In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities in
conformance with the Transportation Sections of Chapters 22, 24 and 26, if
applicable. The proposal does not affect transportation infrastructure or rights-of-
way.
g. Section 27-7-40.C.7 -- That there has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the subject
site. Issues regarding commercial mineral deposits, and soil conditions were
addressed during the original Final Plan, PF-632 for Cottonwood Falls. The
Department of Public Works, in their referral dated February 12, 2007,
determined that the PUD is located within the floodplain and that pre-build and
post build site survey and elevation certificate would be required when the
existing residence on Lot 13 is relocated.
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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)
AMPF-632 Cottonwood Falls PUD Page 3
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 27-7-40.C.8--/f compatibility exists between the proposed uses and
criteria listed in the development guide, and the final plan exactly conforms to the
development guide. The proposed PUD Final Plan uses are compatible with the
criteria listed in the development guide.
This recommendation is based, in part, upon a review of the application materials submitted by
the applicant, other relevant information regarding the request, and responses from referral
agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon
the following:
1. Prior to recording the PUD Final Plat:
a. The applicant shall provide a letter from the Colorado Department of Health —
Water Quality Control Division (WQCD) indicating the water system is in
compliance with the Colorado Primary Drinking Water Regulations. (Department
of Public Health and Environment)
b. The applicant shall provide written evidence from the Office of the State Engineer
- Division of Water Resources to the Departments of Health and Environment
and the Department of Planning Services that their requirements as outlined in
their referral response received January 22, 2007 have been satisfied. (Division
of Water Resources)
c. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled AMPF-632. (Department of Planning
Services)
2. The Weld County's Right to Farm statement, Appendix 22-E shall be
placed on the plat. (Department of Planning Services)
3. The applicant shall address the requirements (concerns) of the Utility
Board as stated in the meeting minutes from February 8, 2007.
(Department of Planning Services)
4. The applicants shall obtain a written sign-off from the utility providers prior
to recording the plat. The utility name and signature shall be on the plat
in accordance with Section 27-9-40.B of the Weld County Code.
(Department of Planning Services & Utility Board)
5. Primary and Secondary Septic envelopes for all residential lots (Lots 1-
13) shall be shown on the plat. (Department of Public Health and
Environment)
AMPF-632 Cottonwood Falls PUD Page 4
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d. The Final Plat is conditional upon the following and each shall be placed on the
Final Plat as notes prior to recording:
A. The Planned Unit Development allows for Estate uses (13 lots)which shall
comply with the PUD-Estate Zone District requirements as set forth in
Section 23-3-400 of the Weld County Code. The common open space
shall be owned and maintained by the homeowners association, in
accordance with Section 23-3-500 and 27-2-60 of the Weld County Code.
(Department of Planning Services)
B. All thirteen homes must be served by the Public Water System.
(Department of Public Health and Environment)
C. The PUD must be in compliance at all times with the requirements of the
Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
(Department of Public Health and Environment)
D. A Weld County septic permit is required for any new septic system or for
any repair or alterations to a septic system and shall be installed
according to the Weld County Individual Sewage Disposal System
Regulations. Each septic system shall be designed for site-specific
conditions, including but not limited to maximum seasonal high
groundwater, poor soils, and shallow bedrock. (Department of Public
Health and Environment)
E. The applicant shall obtain a storm water discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and
the Environment, if required. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project. (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)
AMPF-632 Cottonwood Falls PUD Page 5
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Weld County's Right to Farm note as delineated in Appendix 22-E of the
Weld County Code. (Department of Planning Services, Department of
Public Health and Environment)
J. Weld County's Right to Farm as delineated on this plat shall be
recognized at all times. (Department of Planning Services, Department of
Public Health and Environment)
K. 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)
L. Potential Purchasers are hereby notified that all lands surrounding this
PUD are part of lands held by the National Hog Farms, Inc. and
historically a confined animal feeding operation has been located on
these lands. Off-site impacts that may be encountered include noise
from trucks, tractors and equipment; dust from animal pens and odors
from animal confinement, silage, and manure. (Department of Planning
Services)
M. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code. (Department of Planning Services)
N. All signs including entrance signs shall require building permits. Signs
shall adhere to the Weld County Code. These requirements shall apply
to all temporary and permanent signs. (Department's of Planning Services
and Building Inspection)
O. No development activity shall commence on the property, nor shall any
building permits be issued on the property until the final plan as been
approved and recorded. (Department of Planning Services)
P. Proper building permits shall be obtained prior to any construction,
remodeling, demolition or excavation. (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 Residential Code; 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing
Code; 2003 International Fuel Gas Code; 2005 International Electric Code
and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
AMPF-632 Cottonwood Falls PUD Page 6
R. All buildings or structures shall maintain distances from the property lines
and adjacent structures as outlined in Section 29-3-160 of the Weld
County Code. (Department of Building Inspection)
S. At the time an application is accepted for a building permit, a plan review
will be done. A complete review of the building or structure by the Weld
County Building Inspection Department or the Platte Valley Fire
Protection District may reveal other building issues or areas needing
attention. (Department of Building Inspection)
T. Each structure located within this development is within the 100-year
flood plain as delineated on the FIRM Community Panel Maps, panel
numbers 080266 0675 C and 080266 0800 C, and Special Flood Hazard
Information Report for the South Platte River, Volume I, dated April 1977.
(Department of Planning Services)
U. Non-Conforming Uses of a Structure have been established for the
residential structures located on Lots 3, 6 and 9, case numbers NCU-372,
NCU-373 and NCU-374 respectively. The residential structures fail to
meet setbacks due to the rights-of-way for the internal roads.
(Department of Planning Services)
V. 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)
W. 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)
X. Section 27-8-70 of the Weld County Code — Failure to commence a PUD
final plan - If no construction has begun or no use established in the PUD
within one (1) year of the date of the approval of the PUD final plan, the
Board of County Commissioners may require the landowner to appear
before it and present evidence substantiating that the PUD final plan has
not been abandoned and that the applicant possesses the willingness
and ability to continue the PUD. The Board of County Commissioners
may extend the date for initiation of the PUD construction and shall
annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board of County Commissioners determines that
conditions supporting the original approval of the PUD final plan have
changed or that the landowner cannot implement the PUD final plan, the
AMPF-632 Cottonwood Falls PUD Page 7
Board may, after a public hearing, revoke the PUD final plan and order
the recorded PUD plan vacated.
Y. Section 27-8-80.A of the Weld County Code - Failure to Comply with the
PUD Final Plan - The Board of County Commissioners may serve written
notice upon such organization or upon the owners or residents of the
PUD setting forth that the organization has failed to comply with the PUD
Final Plan. Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof. A hearing shall be
held by the Board within fifteen (15) days of the issuance of such notice,
setting forth the item, date and place of the hearing. The Board may
modify the terms of the original notice as to deficiencies and may give an
extension of time within which they shall be rectified. (Department of
Planning Services)
Y. The PUD Final Plan shall comply with all regulations and requirements of
Section 27 of the Weld County Code. (Department of Planning Services)
Z. The site shall maintain compliance at all times with the requirements of
the Weld County Departments of Public Works, Public Health and the
Environment and Planning Services, and adopted Weld County Code and
Policies. (Department of Planning Services)
M. Property
p rty owners within this PUD are hereby notified that there are
significant hunting activities taking place on properties adjacent to this
PUD.
BB. 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)
CC. Prior to the release of building permit, the applicant shall submit evidence
of approval from the Platte Valley Fire Protection District to the Weld
County Building Department. (Department of Building Inspection)
2. Upon completion of 1 above, the applicant shall submit two (2) paper copies of
the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the paper copies the applicant shall submit a Mylar
plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 27-9-20 of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty (30)
days from the date the Administrative Review was signed. The applicant shall be
responsible for paying the recording fee.
AMPF-632 Cottonwood Falls PUD Page 8
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3. Prior to Certificate of Occupancy:
A. Any abandoned septic system must comply with the Weld County Code Section
30-4-20 (D). The applicant should contact the Department of Environmental
Health to update existing septic permits for those systems that have been
abandoned. The applicant shall provide written evidence from the Department of
Public Health and Environment that the existing septic system originally located
on Lot 13 (as indicated on the PF-632 plat recorded on November 20, 2003) has
been abandoned. (Department of Public Health and Environment)
B. The existing foundation for the residence originally located on Lot 13 (as
indicated on the PF-632 plat recorded November 20, 2003) shall be removed to
prevent a potential unsafe situation that will need to be abated. (Department of
Buildinglnspection)
4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services.
5. The applicant shall submit a digital file of all drawings associated with the Amended
Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, 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)
6. Upon completion of item #1 above the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning
Services' Staff. The plat shall be prepared in accordance with the requirements of
Section 24-4-40.D.6 through D.9 of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within sixty (60) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee.
AMPF-632 Cottonwood Falls PUD Page 9
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DEPARTMENT OF PLANNING SERVICES
4 NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
IADc.
COLORADO January 5, 2007
GKD LLC
c/o Gary Dejohn
1860 23rd Ave
Greeley CO 80631
Subject: AmPF-632- Request for a Amended PUD Final Plan application to relocate an existing residential
lot(Lot 13)and to reconfigure existing open space for Cottonwood Falls PUD on a parcel of land
described as Cottonwood Falls PUD (PF-632) located in part of the E2 of Section 34 and part of
the W2 of Section 35, T5N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Board of County Commissioners for February 28, 2007, at 10:00 a.m. This
meeting will take place in the Council Chambers, Weld County Board of County Commissioners, 915 10'
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer
any questions the Board of County Commissioners 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.
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
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS February 13, 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE
PLANNING COMMISSIONERS HEARING FOR AMPF-632 IN THE A (AGRICULTURAL)
ZONE DISTRICT.
CHRIS GATHMAN
Name of
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 thi day of Gia , 2007.
WITNESS my hand and official seal.
&Mk
Notary Public
BILLIE J. MOORE
I c�/a�()o NOTARY PUBLIC
My Commission Expires: STATE OF COLORADO
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A PUBLIC HEARING CONCERNING
THIS PROPERTY WILL BE HELD AT:
O115 IOtt. fi'rentc • � � y�, ..�
Soci
ON T<� � 7-t , 2001 AT 10 A.H..
NAME cim LLC Cl�J L�.Jo�e1
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REQUEST it CLOT f9 ..a i. _-
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CASE NO. FAv-- G,3z k 271 ACRES
FOR MORE INFORMATION CALL
WELD COUNTY DEPARTMENT OF
PUNNING SERVICES AT
(970)353-6100 ext. 3540
1/4\.\\NN ree NOTICE woe.
A PUBLIC HEARING CONCERNING
het
THIS PROPERTY�y WILL p BE HELD AT:
91 5 Jolt 5'r.�' (c.)J9,
Cam'-�� i c1o\ors�o $0co3\
ON Felbr'3A y �B , 200? AT JD Mt
NAME LL-C_ L ��� �
A. .-4d Pu0 Fkc r--_ -t. .. .,
REQUEST fir a a. <,- r
CASE NO. AMPF 632 `/- 879 ACRES
FOR MORE INFORMATION CALL
WELD COUNTY DEPARTMENT OF
PLANNING SERVICES AT
( 970 )353 -6100 ext. 3540
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FIELD CHECK inspection date: 2/17/2007
APPLICANT: GKD Investments - DeJohn CASE #: AMPF-632
REQUEST: Amended Final Plat
LEGAL:
LOCATION:
PARCEL ID #: ACRES:
Zoning Land Use
N N Vacant land
E E Old residence
S S lots in Cottonwood
W W Vacant land
COMMENTS:
Existing house on Lot 13. Existing open space contains gazebo & pine trees.
(�1O.O
Signature
H - House DV - Derelict Vehicles D - Ditch
0 -Outbuilding NCJ - Noncommercial Junkyard
A-Access to property IS - Irrigation Sprinkler
W - Wetlands
MH - Mobile homes OG - Oil and Gas structures
Note any commercial business/commercial vehicles that are operating from the site.
Note if there is a site distance problem with the access
Hello