HomeMy WebLinkAbout20072523.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Gary Mackey and Michael Cohrs Case Number PZ-1130
Submitted or Prepared
Prior to At
Hearing Hearing
N' 1 Staff Comments X
Department of Planning Services Field Check Form -
Planning Commissioner Field Check Form -
Letter to Applicant X
Affidavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/ Easement Certificate X
Surrounding Property/ Mineral Owners X
Utilities -
3 Referral List X
Referrals without comment
Town of Ault, referral dated 4/17/2007
Town of Pierce, referral dated 4/24/2007
4 Referrals with comments X
Weld County Department of Public Health & Environment, referral received
05/31/2007 and 6/22/2007
Weld County Department of Public Works, referrals received 4/10/2007
and 5/21/2007
Weld County Department of Building Inspection, referral received
5/11/2007
Weld County Zoning Compliance, referral received 6/5/2007
Weld County Department of Building Inspection, addressing, referral
received 5/22/2007
Weld County Ambulance Services, referral received 4/28/2007
Weld County Sheriffs Office, referral received, 4/30/2007
West Greeley Soil Conservation District, referral received 5/14/2007
Weld County School District RE-9, referral received 4/18/2007
Colorado Division of Water Resources, referral received 4/30/2007
Colorado Geological Survey, referral received 6/15/2007
EXHIBIT
I
2007-2523
-6--fC Exhibits- -
I hereby certify that the items identified herein were submitted to the Departmept of tPlannin . ervi at or prior o t scheduled
Planning Commissioners hearing.
Hannah L Hippely E• Planner
0 LANDON
SUMMARY SET
COLORADO PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
CASE NUMBER: PZ-1130 HEARING DATE: July 3, 2007
PLANNER: H. Hippely
APPLICANT: Gary Mackey and Michael Cohrs
ADDRESS: 6804 Aaron Drive, Fort Collins, CO 80524
REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for six (6)
residential lots with E (Estate)Zone District uses except for the allowance of Auxiliary
Quarters as defined by Section 23 -1-90. (Mackey Circle PUD)
LEGAL Lot B of RE-4589 and Lot A of RE-2792 both being Part of the NW4 of Section 6, T7N,
DESCRIPTION: R65 West of the 6th P.M., Weld County, Colorado
LOCATION: Approximately 0.25 mile south of County Road 86, East of and adjacent to County Road
37.
ACRES: 27.65 +/- PARCEL NUMBERS: 0709 06 200007 and
0709 06 000002
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 Health&Environment, referral received 05/31/2007 and 6/22/2007
• Weld County Department of Public Works, referrals received 4/10/2007 and 5/21/2007
• Weld County Department of Building Inspection, referral received 5/11/2007
• Weld County Zoning Compliance, referral received 6/5/2007
• Weld County Department of Building Inspection, addressing, referral received 5/22/2007
• Weld County Ambulance Services, referral received 4/28/2007
Weld County Sheriffs Office, referral received, 4/30/2007
• West Greeley Soil Conservation District, referral received 5/14/2007
• Weld County School District RE-9, referral received 4/18/2007
• Colorado Division of Water Resources, referral received 4/30/2007
• Colorado Geological Survey, referral received 6/15/2007
• Town of Ault, referral dated 4/17/2007
• Town of Pierce, referral dated 4/24/2007
The Department of Planning Services' staff has not received responses from the following agencies:
• North Weld County Water District
• Colorado Division of Wildlife
• Ault Fire Protection District
EXHIBIT
1 - -
PZ-1130,Mackey Circle PUD,1 of 9
# Dcfte, ";
CHANGE OF ZONE
W�`�C• ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: PZ-1130 HEARING DATE: July 3, 2007
PLANNER: H. Hippely
APPLICANT: Gary Mackey and Michael Cohrs
ADDRESS: 6804 Aaron Drive, Fort Collins, CO 80524
REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for six (6)
residential lots with E (Estate) Zone District uses except for the allowance of Auxiliary
Quarters as defined by Section 23 -1-90. (Mackey Circle PUD)
LEGAL Lot B of RE-4589 and Lot A of RE-2792 both being Part of the NW4 of Section 6,T7N,
DESCRIPTION: R65 West of the 6th P.M., Weld County, Colorado
LOCATION: Approximately 1/4 mile south of County Road 86, East of and adjacent to County Road
37.
ACRES: 27.65 +/- PARCEL NUMBERS: 0709 06 200007 and
0709 06 000002
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of the
Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23(Zoning), Chapter 24 (Subdivision) and Chapter 26(Mixed
Use Development)of the Weld County Code. The proposed subdivision is not located in an area
affected by an intergovernmental agreement. Section 22-2-60.C states,"provide mechanisms for
the division of land which is agriculturally zoned. Options for division shall be provided to ensure
the continuation of agricultural production and accommodate low intensity development." The
proposed six lot subdivision is located on the dry corner of a productive farm. The applicant is
proposing to change the zoning to PUD with Estate uses and conform to the regulations in
Chapter 23 pertaining to the Estate Zone District.
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. The applicant has met all of the performance standards as delineated in
Section 27-2-10. The Conditions of Approval and Development Standards ensure compliance
with Sections 27-2-20 through 27-2-210 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
PZ-1130,Mackey Circle PUD,2 of 9
of affected municipalities. The proposed site is within the three mile referral area for the Town of
Ault and the Town of Pierce, neither town responded with comments regarding the proposed
Change of Zone application. In the referrals received in response to the sketch plan dated
October 19,2006 and October 24,2006 respectively, both towns indicated that they did not have
a conflict with the proposal.
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 proposed PUD will be serviced by North Weld County Water District and
Individual Sewage Disposal Systems will handle the effluent flow. As per the referral dated May
29, 2007 the Department of Environmental Health has reviewed and recommended approval of
the application. The County Attorney has reviewed and approved the draft water service
agreement from North Weld County Water District.
E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. County Road 37 is classified as
local paved road, as stated in the referral dated May 16, 2007 the Weld County Department of
Public Works has not required improvements to County Road 37.
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. Conditions of
approval ensure that the applicant will complete an on-site (Private) Improvements Agreement
that addresses all improvements associated with this development, per compliance with Section
24-9-10 of the Weld County Code prior to recording the final plat. The Improvements Agreement
will require the construction of an internal road which will be dedicated to the County but
maintained by the Homeowners Association.
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. Parts of the proposed subdivision are
encumbered by floodplain as shown on the FIRM Community Panel Map 080266 0480C. The
location of the floodway within the designated floodplain has not been determined and instead of
locating the precise location of the floodway the applicant has chosen to designate the entire
floodplain as a no build zone. In the referral dated June 15, 2006, the Colorado Geological
Survey did not indicate the presence of mineral deposits and noted that there are no geological
conditions the would preclude subdivision but noted that the existence of"expansive,collapsible
and/or low-strength soils are likely present on-site".
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.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for six (6) lots with Estate Zone District Uses is
conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1130. (Department of Planning Services)
2) The plat shall adhere to Section 27-9-20 of the Weld County Code. (Department of Planning
Services)
PZ-1130,Mackey Circle PUD,3 of 9
3) County Road 37 is classified by the County as a local paved road adjacent to the proposed
development requiring a 60-foot right-of-way.The applicant shall verify the existing right-of-
way and the documents creating the right-of-way shall be noted (labeled &dimensioned)on
the Change of Zone plat. If the right-of-way cannot be verified, it shall be dedicated on the
final plat. (Department of Public Works)
4) Primary and Secondary septic envelopes shall be placed on Lot 5. All septic system
envelopes must meet all setbacks. (Department of Public Health and Environment)
5) Portions of the proposed subdivision lies in a Zone-A Flood Hazard Area as shown on the
Flood Insurance Rate Map dated September 28, 1982(FIRM 080266 0480C). All portions of
all lots located in the 100-year floodplain shall be designated as no build zones. (Department
of Public Works)
B. The applicant shall submit to the Department of Planning Services a finalized, executed, and
recorded copy of the Water Service Agreement between the applicant and North Weld County
Water District for service to the PUD. (Department of Planning Services)
2. The Change of Zone is conditional upon the following and that each shall be placed on the Change of
Zone plat as notes prior to recording:
A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for six
(6)residential lots.The lots will adhere to the uses allowed in the E(Estate)Zone District except
for the allowance of Auxiliary Quarters as defined by Section 23-1-90.The PUD will be subject to
and governed by the Conditions of Approval stated hereon and all applicable Weld County
Regulations. (Department of Planning Services)
B. All landscaping within the site distance triangles must be less than 3%feet in height at maturity.
(Department of Planning Services)
C. A Home Owners 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)
D. Water service shall be obtained from North Weld County Water District. (Department of Public
Health and Environment)
E. 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. Septic systems shall
be designed for site specific conditions including, but not limited to, shallow groundwater,
bedrock, gravel and/or clay. (Department of Public Health and Environment)
F. A stormwater discharge permit may be required for a development/redevelopment/construction
site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre
in area. Contact the Water Quality Control Division of the Colorado Department of Public Health
and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information.
(Department of Public Health and Environment)
G. 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)
PZ-1130,Mackey Circle PUD,4 of 9
H. 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)
I. 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)
J. A separate building permit shall be obtained prior to the construction of any building or structure
including any future entry way and or gates. (Department of Building Inspection)
K. A plan review is required for each building for which a building permit is required. Residential
building plans may be required to bear the wet stamp of a Colorado registered architect or
engineer. (Department of Building Inspection)
L. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2006 International Residential Code;2006
International Building Code; 2006 International Mechanical Code; 2006 International Plumbing
Code; 2006 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
M. 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)
N. Fire resistance of walls and openings,construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by Chapter 23 of the Weld County Code. (Department of Building Inspection)
O. 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 with Chapter 23 of the
Weld County Code in order to determine compliance with offset and setback requirements.
Offset and setback requirements are measured to the farthest projection from the building.
Property lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection. (Department of Building Inspection)
P. Prior to the release of building permits,the applicant shall submit evidence of approval from the
Ault Fire Protection District to the Weld County Building Department.
Q. All signs including entrance signs shall require building permits. Signs shall adhere to Chapter 23
Division 2 of the Weld County Code. These requirements shall apply to all temporary and
permanent signs. (Department of Planning Services)
R. 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)
S. 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)
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.(Department of
Planning Services)
PZ-1130,Mackey Circle PUD,5 of 9
U. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
V. 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)
W. The site shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
X. 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)
Y. 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)
Z. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
AA. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with longstanding agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to
rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment;slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads;odor
from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes;
and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches
and reservoirs cannot simply be moved out of the way of residential development without
threatening the efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a
public or private nuisance if the agricultural operation alleged to be a nuisance employs methods
or practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)
with more than 3,700 miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire.
PZ-1130,Mackey Circle PUD,6 of 9
Fire protection is usually provided by volunteers who must leave their jobs and families to respond
to emergencies. County gravel roads, no matter how often they are bladed, will not provide the
same kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the
private responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs,
and livestock present real threats to children. Controlling children's activities is important,not only
for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for
their children.
3. 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)
4. The 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 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 thirty (30) days from the date of the Board of County Commissioners
resolution a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
6. At the time of Final Plan submission:
A. The applicant shall submit an Improvements Agreements According to Policy Regarding
Collateral for (on-site) Improvements with the final plan application. This agreement must be
reviewed and approved by County Staff. (Departments of Public Works and Planning Services)
B. The plat shall indicate the location of the development sign and mailbox location.An outlot shall
be created so that the sign and mailboxes can be on property owned and maintained by the
Homeowners Association. (Department of Planning Services)
C. The applicant shall submit evidence that the appropriate postal district has reviewed and
approved the design of the mailbox pull off. (Department of Planning Services)
D. The applicant shall name the interior road in accordance with Section 2-13-70 of the Weld County
Code as per the Weld County Department of Building Inspection, addressing referral dated May
22, 2007 (Department of Planning Services)
E. All copies of the final plan application shall include a copy of the proposed street name as
indicated in the referral dated May 22,2007 from Weld County Building Inspection. (Department
of Planning Services)
F. The applicant shall submit to the Department of Planning Services evidence that the chosen
interior street name and addressing has been reviewed by the Weld County Sheriffs Office,the
Weld County Ambulance Services,and the appropriate postal district. (Department of Planning
Services)
G. Public Works received a Preliminary Subsurface Exploration and Geologic Hazards Report dated
PZ-1130,Mackey Circle PUD,7 of 9
August 24,2006. This report was prepared by Earth Engineering Company, Inc.,and is stamped,
signed, and dated by Michael Joseph Coley, P.E.#35724. At the time of Final Plat submittal,the
Final Subsurface Exploration and Geologic Hazards Report must be delivered to Public Works for
review. This report shall be signed, stamped, and dated by a registered P.E. licensed to practice
in the State of Colorado. (Department of Public Works)
H. The applicant shall submit, with the final plan materials, a pavement design for the internal
roadway prepared by a professional engineer. (Department of Public Works)
I. The applicant shall submit to the Department of Planning Services on behalf of the Department of
Public Works three copies of stamped, signed and dated final plat drawings and roadway /
construction & grading plan drawings for review and approval with the final plan application.
Construction details must be included. (Department of Public Works)
J. Stop signs and street name signs will be required at all intersections and shown as a signing plan
on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices
(MUTCD) shall govern the signing plan.(Department of Public Works)
K. Easements shall be shown on the final plat in accordance with County standards (Section 24-7-
60 and 27-9-40 of the Weld County Code)and/or Utility Board recommendations. (Department
of Public Works)
L. As per the application materials submitted at Change of Zone the applicant has agreed to install
two fire hydrants at the request of the Ault Fire Protection District. The location and design of
these hydrants shall be located on the utility map. Three additional copies (in excess of the 25
required)of the utility map shall be submitted at Final Plat. (Department of Public Works)
M. A final drainage report stamped, signed and dated by a professional engineer licensed in the
State of Colorado shall be submitted with the final plan 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
engineer will be required to show stormwater(detention)detailed calculations in the sealed final
drainage report. 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 FIRM Community Panel Map
#080266 0408C. (Department of Public Works)
N. The applicant must show the proposed detention facility and corresponding reservation on the
final plan materials. The maintenance of the detention pond shall be addressed. (Department of
Public Works)
O. The applicant shall address all redline comments in the drainage report and on the construction
plan drawings as per the Department of Public Work's referral dated May 16,2007.(Department
of Public Works)
P. Portions of the proposed subdivision lies in a Zone-A Flood Hazard Area as shown on the FEMA
Flood Insurance Rate Map dated September 28, 1982(FIRM Community Panel Map# 080266
0480C). All portions of all lots located in the 100-year floodplain shall be designated as no build
zones on the final plat. (Department of Public Works)
Q. The applicant shall prepare a construction detail for typical lot grading with respect to drainage for
the final plan 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)
PZ-1130,Mackey Circle PUD,8 of 9
R. 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. These plans(Stormwater Management Plans)may be
based on Urban Drainage methodology. (Department of Public Works)
S. The applicant shall address all other issues in the referral from the Department of Public Works
dated May 16, 2007. Evidence that the Department of Public Works' concerns have been
addressed to their satisfaction shall be provided to the Department of Planning Services.
(Department of Public Works)
T. The applicant shall submit three (3) copies of the covenants for Mackey Circle. The covenants
shall be approved by the Weld County Attorney's Office prior to recording the final plat.
(Department of Planning Services)
U. 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)
7. Prior to recording the final plat:
A. The applicant shall submit evidence to the Department of Planning Services that the required
School District cash-in-lieu of land dedication fee has been paid as per the referral dated April 16,
2007. (Department of Planning Services)
B. As per the Department of Public Works'referral dated May 16,2007,the applicant shall enter into
Improvements Agreement According to Policy Regarding Collateral for Improvements. The
agreement shall be approved by the Board of County Commissioners. (Departments of Planning
Services and Public Works)
C. 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)
D. The applicant shall submit the appropriate recording fee ($6 for the first page and $5 for all
others) and a deed which transfers ownership of the outlot(s)to the Homeowners Association.
(Department of Planning Services)
E. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5
for each additional page) to the Department of Planning Services for recording the Restrictive
Covenants for Mackey Circle in the Office of the Clerk and Recorder. (Department of Planning
Services)
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). (Department of Planning
Services)
PZ-1130, Mackey Circle PUD,9 of 9
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
' FAX: (970) 304-6498
111k.
COLORADO
April 6, 2007
Gary Mackey
Michael Cohrs
6804 Aaron Dr
Fort Collins CO 80524
Subject: PZ-1130- Request for a Change of Zone form (A)Agricultural to PUD (Mackey Circle)for six(6)
lots with (E)Estate Uses on a parcel of land described as Lot B of RE-4589 and Lot A of Re-2792
both being Pt NE 4 of Section 6, T7N, R65W 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 June 5, 2007, at 1:30 p.m. This meeting will take
place in the Hearing Room, Weld County Planning Department, 918 10' 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 Ault and Pierce Planning
Commission for their review and comments. Please call Ault at 970-834-2844 and Pierce at 970-834-2851
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 Ault and Pierce 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.
Resp ffu -/�J41z
Hnnh Hip e� j� `
Planner JI j
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 05/26/07 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, Hannah L Hippely , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR a Change of Zone from (A) Agricultural to PUD (Mackey
Circle)for six (6) lots with (E) Estate Uses PZ-1130.
Hannah L Hippely
Name of Person ostin Sign
CC _
Signature of erson Posting Si
STATE OF COLORADO
) ss.
COUNTY OF WELD ) / I
The foregoing instrument was subscribed and sworn to me thist �U/day of MO `J , 2007.
WITNESS my hand and official seal.Ct !I
WENDI INLOES
��� NOTARY PUBLIC
Notary Public STATE OF COLORADO
My Commission Expires:
4
•
: ,,., •4/P1:: I �x x •........ :,,- l 1:, fx7x� .: Y 11 f ?i. w �i..rilr,,i ..„.•. "hx K:;')�. I I� . f ¢gyp .,-,,,J.
,ii . ,.1....„;_:• ; •. . 7,;.,..1 . ;
sj ,
• d C. ' • ! ,
1 csi
�,�• � fl ' JjH
�� iy
,i4Wa xi '.t . 4 r
I11tgy .. ',�Ayy -
Erl
t .t,.�. t9' tma'iF '="h� �«r , p` '7.
3 4 I �' .H 4�i r y y{� n vv ''''.:,----,V..1.
'0. 1 t .y„ai".,.Sf x 'w: +' y y4y,.ri'(/.//';',..„+P��S eft'."x"�..' r•••••;11‘:--; n�
per'f y r K 3,� b`S I 1 h" %.'"1,* '
..Y. r� a" Y t 43 .+r' .' ..
} • . • s " wr "':!"..:,‘9.:..a: '' x�, .1:...-,,,::,,t.'2:..
fy 4.:
s a 4: .z x t4,44#0///../.'15'./2:
$t '-{!.,y,!"".:1133:!;333;:-,...••••, _ Shy:.
ru a • y�" .
-4
,Cs� V' _d of az N � ' • dy
'i Fes. + ;,-..4iX .,r: � a'y!F .._ s ..'
O EE { A
F t.,.. 3, .'Y',' :- .x.'.y^t i .,
.i 1 E '., ,P1 �ry�'' ` 5 v .yC,I .g,.5,n1 a3;. rin ..
��
.r 4 r ' t ' 'f+
a a sh �
yt a • ~ �(N
. - Y} Eflf „ f 4 } R It-G$ `e 4 .Fti
fg�`�' i d -
. '"# A 4 -' r h
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 06/18/07 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, Hannah L Hippely , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR a Change of Zone from (A) Agricultural to PUD (Mackey
Circle) for six (6) lots with (E) Estate Uses PZ-1130.
Hannah L Hippely
Name of Person Posting Sign
pct-v
Signature of Person Posting Sign`
STATE OF COLORADO
) ss.
COUNTY OF WELD )
C
The foregoing instrument was subscribed and sworn to me this// U day of If f' , 2007.
WITNESS my hand and official seal.
1
QtLLtcc
'
Notary Public r
-
BILLIE J. MOORE
NOTARY PUBLIC '
KIM STATE OF COLORAflT
My Commission Expires: ..)
-Jr.'. •tilitty:!� 4if �\ k . "me �1
c. NOTICE W��'9
A PUBLIC HEARING CONCERNING `.. ..
THIS PROPERTY WILL BE HELD AT:
7/8 /O sr r c e csy co ''''-'-:4.
iii NOTICE ;it "
IM SITK YtttYlt ON ��-� , • -
I20QaAT I : 3�. I&
ea nmm N'YmUY •.
-1 ./'.. NAME Mine" trey : GaPtes ,' ,
� - ."` 04-antic eF Zol•ts ciao...\
���� � _' •. REQUEST Agriwl7.,n'er_ 4e BUD -a-h.fe. -
MU HMV rYtwut
• YlI t1alYIYtYIItY
IMMO-WM.1n CASE NO.P2 ---/i sfl 27 !05
nanuuY.,t nY • ACRES %.,. v
FOR MORE INFORMATION CALL • `
WELD COUNTY DEPARTMENT OF _
PLANNING SERVICES AT
• � . .I)(970)353-6100 ext. 3540 :
. • - P06/12/2007 -
06/12/2007
05/23/2007
r ti
- .
- -
-
e..-
.. asid.rveff;_ -
.,
05/23/2007
' 1-11
_ ` ' - •: (1- . `....•.$rte R:f+, - _ _ Ill
A p �✓t
mss, r- ,-:•,-.. i ,� - # _,A,-,7, ..--
- ,yq_-•-e .$so-.,,, e. ?;.�„. 4.--:, s v - {r
..4^ !1 r1
..A", 6 .
v. • '
•- 1
• 05/23/2007
• a_
li L •at' .c ,i '. - ti..'''''a `, w t* 'itii .; *>`. :,. , is
t � A t • it r h :,
,
• : /23%2007
Ilk.
- � -
• 05/23/2007
\I
I
L_
-
�� t , 1
* irlitlinP_ .H
., ;C_...-Arr
05/23/2007
t
• s
' '.r i...- *I -
r _
.itsw - '--. • •.f
'et?, '
. ' v.,}' .w � YG. ,f I y - 341. t-i +w-. S. ` Ste+
^ 1. 11
qI-
1 " 141.-- l i.." - C /.4 r4, 1 r `.., 11 ,L )M �w�.i- d Iii11
r1 7.,.. 3- e1. . ti . •gyp
5.
r w p + � ! yi Wr f i�r It,
y a1fi �'f��;
•
1 1,1 • [^ t.'",15
'✓ 1I " ' % •a♦� • a _ C `2. I+a-i'�1.1i �' - L R �
d /� � K ,27, q2 1[] ti mfr
d`` .q. 4 Y j ��1A44..• fy1 1 1_ `, --",.•-,
. i �`�%1�� ` ._ ,;Q 1�'{�'A% ' 1 •t i' R
S tit '+/Lt r f :' a •' ' .$1,074,4i 1+ : I'1 i 1 .a v.
r �p' /S t .' K r ' . ,q . �� s X14+
c (} K y V - ! ' 1 r'
r,.a }.1 b ^ r i ( "( 0 7�1 +l1.' r in 1( II ��it�. I I6�C•'�t '�''„- • s ,\% (
,s, - ,.�M lit'
('.•IIItiI ELt, •iii ,.. s.,;li k jmh, , 4 `�1 i f,,' ,1/4'...
`�,�71' , •,Y'9t y`' t'
3 Hi ','1L1 ��'o\{•Fds'��M1111.�K�11..9'' f �n - -.r !•r' ,�+L..!:'�',: �! i'1',!' •
semis asatair.---.--..elarilla
-7--
+ . TIC',
_ � -
.--—2:1,—,...#.
s �^ a. '-'' - i `<♦:K. �'.i►.S�7 +L��.!Y. -RSA 3. 'RCS"`'
- ..Y. }� r .S _ ._1.y.—' c
....
..^ i A.t ---..t. -..,..,.s--a.1•••
1`s
-r - - `,-� s_' A i�� y"d .J� _ 'r yt1f KT✓.A+T
. '`a':',•-•!•';'•‘.11- ..•-•'7.-3.4.94••••••-•1"' 1: V. •..i v .ice,—.+. y S-
!
14
- i - _ '�. .msµ _ _ ' ..-yam- _ ,h `� .....• firs` c::isis._ J j. )t-' 'J�:��-�y SSA : �r .ffi i. i ��{;. • sthG — s •�_ a -
..H'9:. , Yid.• { . s '. Y`' a A♦i = � `-0 •
•
7-1
el
•
-S �s
•
10. �.",. A....-.
� , � 05/23% 0
^ .
w
FIELD CHECK Inspection Date: 6/12/2007
APPLICANT: Gary Mackey and Michael Cohrs CASE #: PZ-1130
REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development)
for six (6) residential lots with E (Estate) Zone District uses except for the
allowance of Auxiliary Quarters as defined by Section 23 -1-90. (Mackey
Circle PUD)
LEGAL: Lot B of RE-4589 and Lot A of RE-2792 both being Pt NE4 of Section 6,
T7N, R65W of the 6th P.M., Weld County, CO
LOCATION: South of and adjacent to County Road 86 and East of and adjacent to
County Road 37.
PARCEL ID #:0709 06 200007 and 0709 06 000002 ACRES: 27.65 +/-
Zoning Land Use
N AG N Ag/Residential
E AG Ag
AG Ag
W AG Ag
Comments:
Dry Corner
No Crop
No Structures
Access at south
No noticeable topography—flat
No Oil and Gas
Vacant unused property
Hannah ly, Plann r
o House(s) o Derelict Vehicles
o Outbuilding(s) o Non-commercial junkyard (list components)
o Access to Property o Irrigation Sprinkler
o Crop Productions o Crops
o Site Distance o Wetlands
o Mobile Home(s) o Oil & Gas Structures
o Other Animals On-Site o Wildlife
o Water Bodies o Utilities On-Site (transmission lines)
o Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello