HomeMy WebLinkAbout20071345.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Willard & Linda Owens (Sunset Case Number PZ-1120
PUD) •
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
X
Legal Notifications
2 Application X
Maps X
Deed/ Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
N" 3 Referral List X
Referrals without comment X
Colorado Division of Wildlife, referral received 2/26/2007 X
Colorado Division of Wildlife, referral received 4/2/2007 X
4 Referrals with comments X
Weld County Department of Public Works , referral received 3/9/2007 (3 pages) X
X
Weld County Public Works, Drainage referral received 3/9/2007 (2 pages)
X
Weld County Public Works, referral received 4/11/2007
Weld County Department of Health and Environment(3 pages), referral received X
3/12/2007
Weld County Department of Health and Environment('pages), referral received X
4/10/2007
Weld County Zoning Compliance Officer, referral received 3/26/2007 X
y
Weld County Building Inspection (2 pages), referral received 2/15/2007 X
Weld County Building Inspection (2 pages), referral received 3/27/2007 X
Weld County Planning Services (landscaping referral), referral received 2/19/2007 X
:—. Weld County Sheriff's Office(3 pages), referral received 2/26/2007 X
\' Weld County Sheriff's Office (2 pages), referral received 4/2/2007 X
EXHIBIT
A2007-1345
Colorado Department of Transportation,e-mail referral received 2/7/2007 X
Office of the State Engineer, Division of Water Resources, referral received X
2/22/2007 (2 pages)
Weld County Planning Services (Building Tech), referral received 2/27/2007 (3 X
pages)
Weld County Planning Services(Building Tech), referral received 3/23/2007 (3 X
pages)
City of Greeley, referral received 4/10/2007 X
Weld County Paramedic Service, referral received 2/15/2007 X
Weld County Paramedic Service, referral received 3/30/2007 X
Weld County School District RE-4, referral received 2/8/2007 I- .2 f/yl1rro 7 X
Weld County School District RE-4, referral received 3/30/2007 X
New Cache La Poudre Irrigating Company, referral received 2/15/2007 X
Town of Windsor, referral received 3/5/2007 (5 pages) X
` 5 Surrounding Property Owners- Letters (tud EXhI ,)
N. 5A Letter from Les&Chris Godlevsky received 2/12/2007 X
5B Letter from Walter& Betty Anderson (w/attachments)received 2/15/2007(5 X
pages)
5C Letter from Willow Springs Homeowners Association received 3/2/2007 (2 pages) X
5D Letter from Gary&Susie Castleman received 3/6/2007(2 pages) X
•
6 PC Exhibits X
6A Sign Posting Affadavit (j,p„) 4 Canaan-L) X
N. 6B Black and White Aerial Map X
N. 6C Color Aerial Map and Surrounding Property Photos(3 pages) X
N G.D Ini✓Id5or Comp Rey, fy p
I hereby certify that the thirty-five(35)items identified herein were submitted to the Department of Planning Services at or prior to
the scheduled Planning Commissioners hearing.
/`/�j�
Chris Gathman + Planner II
LAND USE APPLICATION
1q SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
COLORADO
CASE NUMBER: PZ-1120 HEARING DATE: April 3, 2007
PLANNER: C Gathman
APPLICANT: Willard & Linda Owens (Sunset PUD) do David L. Shoup Consulting
ADDRESS: 1060 Milano Point#1123
Colorado Springs, CO. 80921
REQUEST: Change of Zone from A (Agricultural) to PUD for nine (9) residential lots with E
(Estate) Zone Uses (with the exception that uses by right and accessory uses be
restricted to the following: one (1) single-family dwelling per lot, accessory uses for
garages, carports and parking areas, swimming pools, tennis and similar recreational
facilities, service buildings and facilities, and any other structure or use clearly
incidental and accessory to a use allowed by right; and no animal units as defined in
Section 23-1-90 of the Weld County Code be allowed) and 7.55 acres of common
open space
LEGAL DESCRIPTION: Lot B, RE-3479; located in part E2NE4 of Section 23, T6N, Range 67 West
of the 6TH P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 23 (Stagecoach Road) and approximately 380
feet south of State Highway 392.
ACRES: 32.56 +/- PARCEL NUMBER: 0807 23 100057
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 responses from the following agencies:
• Weld County Department of Public Works, referral received 3/9/2007
• Weld County Department of Public Health & Environment, referral received 3/12/2007
• Weld County Building Inspection, referrals received 2/15/2007 and 3/27/2007
• Weld County Code Compliance, referral received 3/26/2007
• Colorado Department of Transportation, referral received 2/7/2007
• Town of Windsor, referral received 3/5/2007
• Weld County Department of Planning Services, landscape referral received 2/19/2007
•
Weld School District RE-4, referrals received 2/8/2007 & 3/27/2007
• New Cache La Poudre Irrigating Company, referral received 2/15/2007
•
Weld County Sheriff's Office, referrals received 2/26/2007 &4/2/2007
• Office of State Engineer— Division of Water Resources, referral received 2/22/2007
•
Weld County Paramedic Services, referrals received 2/15/2007 & 3/30/2007
• Weld County Planning Services, Building Technician, referrals received 2/27/2007 & 3/23/2007
EXHIBIT
I I
• Colorado Division of Wildlife, referral received 4/2/2007
The Department of Planning Services' staff has not received responses from the following agencies:
City of Greeley
Windsor/Severance Fire Protection District
West Greeley Soil Conservation District
PZ-1120—Sunset PUD 2
WIiDc
COLORADO
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE NUMBER: PZ-1120 HEARING DATE: April 3, 2007
PLANNER: C Gathman
APPLICANT: Willard & Linda Owens (Sunset PUD) do David L. Shoup Consulting
ADDRESS: 1060 Milano Point#1123
Colorado Springs, CO. 80921
REQUEST: Change of Zone from A (Agricultural) to PUD for nine (9) residential lots with E
(Estate) Zone Uses (with the exception that uses by right and accessory uses be
restricted to the following: one (1) single-family dwelling per lot, accessory uses for
garages, carports and parking areas, swimming pools, tennis and similar recreational
facilities, service buildings and facilities, and any other structure or use clearly
incidental and accessory to a use allowed by right; and that no animal units as
defined in Section 23-1-90 of the Weld County Code be allowed) and 7.55 acres of
common open space
LEGAL DESCRIPTION: Lot B RE-3479; located in part E2NE4 of Section 23, T6N, Range 67 West of
the 6TH P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 23 (Stagecoach Road) and approximately 380
feet south of State Highway 392.
ACRES: 32.56 +/- PARCEL NUMBER: 0807 23 100057
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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 not in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.8.6.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
PZ-1120 Sunset PUD 3
(Mixed Use Development) of the Weld County Code. The proposed site is located within the
urban growth boundary for the Town of Windsor. Section
UGB.Policy 3.1. The County may consider approving a land use development within an
urban growth boundary area if all of the following criteria are met:
a. UGB.Policy 3.1.1. The adjacent municipality does not consent to annex the land or
property in a timely manner or annexation is not legally possible.
b. UGB.Policy 3.1.2. The proposed use, including public facility and service impacts, is
compatible with this Chapter and with other urban type uses.
c. UGB.Policy 3.1.3. The proposed use attempts to be compatible with the adjacent
municipality's comprehensive plan.
The Town of Windsor, in their referral received March 5, 2007, indicated that this site is
located within the "Town of Windsor Growth Management Area" as identified in the Windsor
Comprehensive Plan, the "East Side Industrial Subarea Plan (ESISP) Area", and the
Cooperative Planning Area as defined in an Intergovernmental Agreement with the Town of
Windsor. Windsor indicates this property is delineated as General and Neighborhood
Commercial and Light Industrial on the Town of Windsor's Land Use Map. Windsor also
indicates that the Cooperative Planning Area (depicted in Windsor's IGA with the Town of
Severance) anticipates commercial and industrial development of the property. The Town of
Windsor goes on to state that the proposed development, if developed in Windsor, would not
in compliance with the Town of Windsor Municipal Code in regards to minimum required lot
sizes for individual septic systems and that the development would exceed its maximum
allowable closed-end street length requirement. As a result, the Town of Windsor is
requesting denial of this application and asks that the applicant pursue annexation to the
Town of Windsor in accordance with the land use depictions indicated in its comprehensive
plan and in its Cooperative Planning Area IGA with the Town of Severance.
Section 24-3-60.1 states: "That no additional access to a county, state or federal highway will
be created." The proposed PUD indicates two separate access points onto County Road 23
as opposed to one internal access.
B. Section 27-6-120.6.b - The uses which would be allowed in the proposed PUD will not
conform with the Performance Standards of the PUD Zone District contained in Article II,
Chapter 27 of the Weld County Code.
Sec. 27-2-70. Compatibility—Section 27-2-70 states: "The density, design and location of
land uses within and adjoining a PUD shall be designed to be compatible with other uses
within and adjoining the PUD. Compatible uses shall be determined by evaluating the general
uses, building height, setback, offset, size, density, traffic, dust, noise, harmony, character,
common open space, screening, health, safety and welfare of the PUD in relation to
surrounding uses." (Weld County Code Ordinance 2003-10)
The proposed PUD would be located 1/4 mile north of existing 1-3 (Industrial) zoned land. The
(Owens Illinois Bottling Plant) and proposed uses (Vesta Wind Turbine plant) could adversely
impact this proposed PUD. The proposed PUD would not be compatible with the character of
existing and future surrounding uses.
PZ-1120 Sunset PUD 4
Section 27-2-190, Urban Scale Development — Section 27-2-190 states: "Urban scale
developments are developments exceeding nine (9) lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors, and
boundaries."
The proposed PUD is located adjacent to the Willow Springs PUD to the west and is located
within the County's urban growth boundary for the Town of Windsor. As a result, the
Department of Planning Services has noted that the proposed PUD must be considered an
urban scale development. Section 27-2-190 of the Weld County Code states: "Urban scale
developments are developments exceeding nine (9) lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries.
All urban scale developments shall pave the internal road systems of the development."
Section 27-6-80.6.7 states: "All urban scale development PUDs containing a residential
element shall provide for a fifteen-percent common open space allocation, unless otherwise
stated in Chapter 26 of this Code." Approximately 2.94 acres of the designated common
open space area is located within the right-of-way of the Greeley No. 2 Ditch. This area is
under the control of the Greeley No. 2 Ditch and is not considered common open space. As a
result, 4.61 acres of the site is considered common open space. This is only 14% of the total
site.
C. Section 27-6-120.6.c - That the uses which would be permitted will not 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 would be located % mile north of existing 1-3 (Industrial) zoned land. The
(Owens Illinois Bottling Plant) and proposed uses (Vesta Wind Turbine plant) could adversely
impact this proposed PUD. Also the Windsor Comprehensive plan and an existing
intergovernmental agreement between the Town of Windsor and the Town of Severance is
anticipating commercial and industrial development in this area. The proposed PUD would
not be compatible with the character of existing and future surrounding uses.
Should the Planning Commission recommend approval of this Change of Zone from A
(Agricultural) to PUD for Nine (9) residential lots with Estate uses, the Department of Planning
Services recommends the following development standards and conditions of approval:
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-1120. (Department of Planning Services)
2) Stagecoach Road (County Road 23) is classified as a collector road. The collector
minimum right-of-way of 40-feet from centerline shall be dedicated on this Change of
Zone plat to the southern boundary of the PUD. (Department of Public Works)
3) The approved road cross-section (two 12-foot paved lanes with 4-foot gravel shoulders)
shall be indicated on the plat. (Department of Planning Services)
4) The right-of-way documentation for the Greeley No. 2 Canal shall be indicated.
(Department of Public Works)
PZ-1120 Sunset PUD 5
5) The public trail easement between the Town of Windsor and the Greeley No. 2 canal
shall be indicated. (Town of Windsor/Department of Planning Services)
B. The applicant shall address the requirements/recommendations of the Weld County Sheriffs
Office as stated in their referral received April 2, 2007. Written evidence of such shall be
provided to the Department of Planning Services. (Weld County Sheriff's Office)
C. The applicant shall attempt to address the requirements/recommendations of the Town of
Windsor as stated in their referral received March 5, 2007. Written evidence of such shall be
submitted to the Department of Planning Services. (Town of Windsor)
D. The applicant shall address the requirements/recommendations of the Weld County
Paramedic Services as stated in their referral received March 30, 2007. Written evidence of
such shall be provided to the Department of Planning Services. (Weld County Paramedic
Services)
E. The applicant shall address the requirements/recommendations of the Department of
Planning Services as stated in their landscape referral received February 19, 2007 in regards
to clarifying water supply provisions for fire protection and potable/non-potable water
supplies. Written evidence of such shall be provided to the Department of Planning Services.
(Weld County Planning Services)
F. The applicant shall attempt to address the requirements/recommendations of the New Cache
La Poudre Irrigating Company/Cache La Poudre Reservoir Company as stated in their
referral received February 15, 2007. Written evidence of such shall be submitted to the
Department of Planning Services. (New Cache La Poudre Irrigating Company)
G. The applicant shall address the requirements/recommendations of the Department of Public
Works as stated in their referral received March 9, 2007. Written evidence of such shall be
provided to the Department of Planning Services. (Weld County Public Works)
H. 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)
The applicant shall address the requirements/recommendations of the Department of Public
Health and Environment as stated in their referral received March 12, 2007. Written evidence
of such shall be provided to the Department of Planning Services. (Department of Public
Health and Environment)
J. The applicant shall submit verification that any requirements of the Windsor/Severance Fire
Protection District (if any) have been addressed. (Department of Planning Services)
PZ-1120 Sunset PUD 6
K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. 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. The site specific development plan is for a Change of Zone from A (Agricultural) to PUD for
nine (9) residential lots with E (Estate) Zone uses as indicated in the application materials on
file in the Department of Planning Services. The PUD will be subject to and governed by the
Conditions of Approval stated hereon and all applicable Weld County Regulations. The E
(Estate) lots shall comply with all (Estate) requirements with the exception uses by right and
accessory uses be restricted to the following: one (1) single-family dwelling per lot, accessory
uses for garages, carports and parking areas, swimming pools, tennis and similar
recreational facilities, service buildings and facilities, and any other structure or use clearly
incidental and accessory to a use allowed by right; and that no animal units as defined in
Section 23-1-90 of the Weld County Code be allowed. (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 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 the North Weld County Water District. (Department of
Public Health and Environment)
F. This subdivision 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. . In accordance with the Weld County Code, if a sewer line exists within four
hundred (400)feet of the property line and the sewer provider is willing to serve the proposed
structure, a septic permit cannot be granted by the Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
G. Activities such as permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the absorption field site. (Department of Public Health and
Environment)
H. Primary and secondary septic envelopes shall be placed on each lot. All septic system
envelopes must meet all setbacks, including the 50-foot setback to any irrigation ditch.
(Department of Public Health and Environment)
I. Language for the preservation and/or protection of the absorption field envelopes shall be
placed in the development covenants. The covenants shall state that activities such as
permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the
absorption field site. (Department of Public Health and Environment)
PZ-1120 Sunset PUD 7
J. 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)
K. 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)
L. 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)
M. 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)
N. A separate building permit shall be obtained prior to the construction of any structure
(including signs). (Department of Building Inspection)
O. 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)
P. 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)
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
R. 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)
S. 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)
T. 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)
U. 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)
PZ-1120 Sunset PUD 8
V. 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)
W. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within sixty (60) days of approval by the Board of County Commissioners. With the
Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the
Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
(Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
6. At the time of Final 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. If a PUD entrance sign is proposed its location
shall be indicated on the final plan. The entrance sign shall be placed on an outlot under the
jurisdiction of the homeowners association. (Department of Planning Services, Sheriff's
Office)
B. The applicant shall submit an on-site (Private) Improvements Agreement that addresses all
improvements associated with this development for review and approval. (Departments of
Planning Services and Public Works)
C. The applicant shall submit an off-site (Public) Improvements Agreement (for improvements to
County Road 23) that addresses all improvements associated with this development for
review and approval. (Departments of Planning Services and Public Works)
D. The applicant shall submit development covenants for Sunset PUD. Language for the
preservation and/or protection of the absorption field envelopes shall be placed in the
development covenants. The covenants shall state that activities such as permanent
landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption
field site. The covenants shall also address signage requirements and refer to the Weld
County Code. (Department of Public Health and Environment)
PZ-1120 Sunset PUD 9
E. Intersection sight triangles at the development entrance will be required. All landscaping
within the triangles must be less than 3 and 1/2 feet in height at maturity, and noted on the
final roadway plans. (Department of Public Works)
F. Primary and secondary septic envelopes shall be placed on each lot. All septic system
envelopes must meet all setbacks, including the 50-foot setback to any irrigation ditch.
(Department of Public Health and Environment)
G. 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)
H. Easements shall be delineated on the final plat in accordance with County standards (Sec.
24-7-60) and Utility Board recommendations. (Departments of Planning Services and Public
Works)
I. 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 United States Post Office. (Department of Planning Services)
J. 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)
K. The applicant shall contact the Vegetation Weed Management Specialist with the Weld
County Public Works Department at (970) 356-4000 ext 3770 to develop a weed
management plan. The approved plan shall be included in the Final Plan application.
(Department of Planning Services)
L. The applicant shall address the requirements of the Department of Planning Services
(Landscaping referral) dated February 19, 2007. Written evidence of such shall be provided
to the Department of Planning Services. (Department of Planning Services)
M. The applicant shall address the requirements/recommendations of the Weld County Sheriff's
Office as stated in their referral received February 26, 2007. Written evidence of such shall
be provided to the Department of Planning Services. (Weld County Sheriffs Office)
N. 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)
O. A final drainage report stamped, signed and dated by a professional engineer licensed in the
State of Colorado shall be submitted with the final application. The 5-year storm and 100-
year storm drainage studies shall take into consideration off-site flows both entering and
leaving the development. Increased runoff due to development will require detention of the
100-year storm developed condition while releasing the 5-year storm existing condition. The
final drainage report shall include a flood hazard review documenting any FEMA defined
floodways. The engineer shall reference the specific map panel number, including date. The
development site shall be located on the copy of the FEMA map. (Department of Public
Works)
PZ-1120 Sunset PUD 10
P. The applicant shall prepare a construction detail for typical lot grading with respect to
drainage for the final application. Front, rear and side slopes around building envelopes must
be addressed. In addition, drainage for rear and side lot line swales shall be considered.
Building envelopes must be planned to avoid storm water flows, while taking into account
adjacent drainage mitigation. (Department of Public Works)
Q. 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)
R. Please refer to the Weld County Storm Drainage Criteria addendum to Urban Drainage for all
COZ and Final Plan drainage requirements. (Department of Public Works)
S. Please provide appropriate erosion control at pipe outlets and inlets, overflow areas, channel
bends, high shear stress channels and swales, or any other areas requiring erosion control.
Design calculations must be provided to support the selection of any and all erosion control
measures, and must demonstrate that the proposed designs provide stable channel
conditions prior to the establishment of vegetation.
1. Please add rock riprap protection at all culvert outlets for the final drainage plans, and
include rock size (D50) and apron limits (length, width, and thickness). Please utilize
UD&FCD methods, and include all design calculations and/or spreadsheets in the report
appendix.
2. A self-launching termination key with a design detail is required for rock riprap protection.
Please follow guidance provided in the USDCM, Chapter 4.4.2.4 (UD&FCD 2001).
Another useful guide may be HEC-11, Chapter 2 (FHWA 1989).
3. Please specify an appropriate geotextile filter fabric under the rock. The geotextile shall
be identified by a product name and number, or approved equal. The selected product
shall be fully documented with manufacturer specifications and installation procedures,
drawings, and details. (Department of Public Works)
T. Please utilize engineering calculations to determine all conveyance swales and channels in
the subdivision are stable under proposed hydraulic conditions. (Department of Public
Works)
U. Please add the following note to the text of the Final Drainage Report and to the notes on the
Final Plat: "Weld County will not be responsible for the maintenance of drainage related
areas."(Department of Public Works)
V. All culverts must be analyzed using UD-Culvert, HY-8, HEC-RAS, CulvertMaster, or other
approved programs that adhere to HDS-5 guidelines (FHWA 2005). (Department of Public
Works)
W. All culvert inlets shall include debris racks to prevent clogging due to debris accumulation and
to protect the public safety. Debris racks shall be sloped at 3H:1V or flatter per UD&FCD
research. (Department of Public Works)
X. Please provide an emergency spillway on all proposed detention ponds.
1. A typical cross section of the emergency overflow crest must be provided on construction
plan sheets with point elevations and slopes.
PZ-1120 Sunset PUD 11
2. The depth of flow out of the spillway shall be 6 inches or less and the spillway shall have
effective erosion protection supported by calculations.
3. A spillway cutoff wall is required for each detention pond to prevent possible breach
during the major(100-yr) storm event.
4. The elevation of the top of the spillway embankment and of the lowest finished floor of all
proposed building structures shall be a minimum of 1.0 ft above the 100-year water
surface elevation in the detention pond.
5. Each spillway shall have adequate erosion protection to prevent erosion during operation.
(Department of Public Works)
Y. Revegetation of all disturbed earth shall comply with all standards defined in the
Revegetation section of the Weld County Storm Drainage Criteria dated February 2006.
(Department of Public Works)
Z. A dedicated drainage easement is required for all onsite drainage areas inundated by the
100-year event. Please identify and dimension all drainage easements on all plan sheets
submitted with the Final Drainage Report. (Department of Public Works)
AA. A standard detail sheet for all drainage and erosion control features must be provided as part
of the construction plan set. (Department of Public Works)
AB. The applicant shall submit a copy of a finalized Water Service Agreement between the
applicant and North Weld County Water District for service to the PUD. (Department of
Planning Services)
7. 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 enter into an on-site Improvements Agreement According to Policy
Regarding Collateral for Improvements. This agreement shall be approved by the Board of
County Commissioners. (Departments of Planning Services and Public Works)
D. The applicant shall enter into an off-site Improvements Agreement According to Policy
Regarding Collateral for Improvements. This agreement shall be approved by the Board of
County Commissioners. (Department of Public Works)
E. The applicant shall provide evidence that the voluntary capital mitigation fee has been paid
along the fee in lieu of land dedication as stated in the agreement with the Weld RE-4 School
District and that the remaining requirements of the RE-4 School District have been
addressed. (Weld School District RE-4)
PZ-1120 Sunset PUD 12
F. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is
.e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Dept.
of Planning Services)
8. Prior to release of collateral:
A. Evidence shall be provided that the open space tracts have been deeded to the
Homeowner's Association. (Department of Planning Services)
PZ-1120 Sunset PUD 13
4 DEPARTMENT OF PLANNING SERVICES
ra NORTH OFFICE
918 1 Street
GREELEY, CO 8063 80631
PHONE: (970) 353-6100, Ext. 3540
"lige
FAX: (970) 304-6498
COLORADO
March 22, 2007
Willard &Linda Owens
do Dave Shoup Consulting
1060 Milano Point#1123
Colorado Springs CO 80921
Subject: PZ-1120- Request for a Change of Zone from A (Agricultural)to PUD for nine (9) residential lots with E
(Estate)Zone uses(with the exception that uses by right and accessory uses be restricted to the following:
one (1)single family dwelling per lot; accessory uses for garages, carports and parking areas; swimming
pools,tennis and similar recreational facilities;service buildings and facilities;and any other structure or use
clearly incidental and accessory to a use allowed by right; and that no animal units as defined in Section
23-1-90 of the Weld County Code be allowed) along with 7.55 acres of open space on a parcel of land
described as Lot B of RE-3479; located in part E2NE4 of Section 23, T6N, R67W 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 April 17,2007,at 1:30 p.m. This meeting will take place in the Hearing
Room,Southwest Weld County Planning Department,4209 CR 24.5,Longmont,Colorado. It 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 Greeley and Windsor Planning Commission for their review and
comments. Please call Greeley at(970)-350-9780 and Windsor at(970)686-7476 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 Greeley and
Windsor 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,
'/
Ln a`
Chris Gathman
Planner
4 DEPARTMENT OF PLANNING SERVICES
Kit crew---
NORTH OFFICE
918 10'" Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
IID c
FAX: (970) 304-6498
COLORADO
February 2, 2007
Willard & Linda Owens
do Dave Shoup Consulting
1060 Milano Point#1123
Colorado Springs CO 80921
Subject: PZ-1120- Request for a Change of Zone from A(Agricultural)to PUD for eight(8) residential lots with E
(Estate)Zone uses(with the exception that uses by right and accessory uses be restricted to the following:
one (1)single family dwelling per lot; accessory uses for garages, carports and parking areas; swimming
pools,tennis and similar recreational facilities;service buildings and facilities;and any other structure or use
clearly incidental and accessory to a use allowed by right; and that no animal units as defined in Section
23-1-90 of the Weld County Code be allowed)and one (1)commercial lot for C-2 (Business Commercial)
uses(with the exception that uses by right and accessory uses be restricted to theatres,convention halls,
private or public with a seating capacity of not over (1,000) (for a banquet facility) and parking areas for
customers or structures for use by employees and customers)along with 7.55 acres of open space on a
parcel of land described as Lot B of RE-3479; located in part E2NE4 of Section 23,T6N,R67W of the 6th
P.M.,Weld County, Colorado.
Dear:
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 April 3, 2007, at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It 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 Greeley and Windsor Planning Commission for their review and
comments. Please call Greeley at(970)-350-9780 and Windsor at(970)686-7476 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 Greeley and
Windsor 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
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS March 17, 2007 (re-posted 3/30/2007 for April 17,
2007 hearing). 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 PZ-1120 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
CHRIS GATHMAN
Name of Person o Posting AAn Sign"
Signature of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) '^
The foregoing instrument was subscribed and sworn to me this '^ day ofd \ , 2007.
WITNESS my hand and official seal.
;PS KM p��,
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N ary Public 0 • BETHANY '• 4
g Ott SALZMAN
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FIELD CHECK inspection date: 3/15/2007
APPLICANT: Willard & Linda Owens (Sunset PUD) CASE #: PZ-1120
REQUEST: PUD change of zone from Ag to PUD with Estate Uses for 9 residential
lots
LEGAL: Lot B RE-3479; Part E2NE4 of Section 23, T6N, R67W of the 6T" P.M.,
Weld County, Colorado
LOCATION: West of and adjacent to County Road 23 (Stagecoach Road) and south
of and adjacent to State Highway 392
PARCEL ID #: 0807 23 100057 ACRES: +/- 32.5
Zoning Land Use
N A (Agricultural) N Ag/Residential
E A (Agricultural) E Willow Springs Subdivision
S A (Agricultural) S Vacant/Ag (O& 11/2 mile to the south)
W A (Agricultural) W Ag parcels/new residence being constructed
adjacent
COMMENTS:
Vacant parcel agricultural parcel with ditch (No. 2 ditch along northern and western
boundaries. Ditch is raised considerably higher than property in question. Access is off
of Stagecoach Road which is also used by the Willow Springs PUD to the east.
Hello