HomeMy WebLinkAbout20072614.tiff INVENTORY OF ITEMS FOR CONSIDERATION
• Applicant Chris Serbousek (Homestead Case Number PZ-1129
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
V
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
• \` 4 Referrals with comments X
Weld County Department of Public Works , referral received 7/19/2007 (6 pages) X
Weld County Department of Health and Environment(2 pages), referral received X
7/2/2007
Weld County Zoning Compliance Officer, referral received 5/31/2007 X
Weld County Building Inspection (2 pages), referral received 6/28/2007 X
Weld County Planning Services (landscaping referral), referral received 5/31/2007 X
Weld County Sheriff's Office(2 pages), referral received 6/3/2007 X
Office of the State Engineer, Division of Water Resources, referral received
X
6/18/2007
Town of Windsor, referral received 7/10/2007 (2 pages) X
West Greeley Soil Conservation District, referral received 6/7/2007 X
Weld County School District RE-4, referral received 6/18/2007 (2 pages) X
Windsor-Severance Fire Protection District, referral received 7/3/2007 (3 pages) X
N 5 Surrounding Property Owners- Letters N/A
6 PC Exhibits X
6A Sign Posting Affadavit (3,LJ w,c�:v, ecnvni3O) X
6B Updated North Weld County Water District draft Water Service Agreement X
6C 7/30/.2007 e-mail from Chris Serbousek X
2007-2614
I hereby certify that the Eighteen(18)items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning hearing.
Chris Gathman •:• Planner II
4SIECtr LAND USE APPLICATION
P SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
COLORADO
CASE NUMBER: PZ-1129 HEARING DATE: August 7, 2007
PLANNER: Chris Gathman
APPLICANT: Chris Serbousek — Serbousek Family LLC C/O Sac Ayala — Merrick &
Company
ADDRESS: 2450 S. Peoria Street, Aurora, CO. 80014-5472
REQUEST: Change of Zone from A (Agricultural) to PUD for eight (8) residential lots
with Estate Zone Uses (Homestead PUD) along with 7.071 acres of
common open space
LEGAL DESCRIPTION: Lot A of RE-4545; located in part of the E2SW4 of Section 32, T7N,
Range 67 West of the 6T" P.M., Weld County, Colorado
LOCATION: North of and adjacent to County Road 74 and 1/4 mile east of County
Road 15.
ACRES: 34.9 +/- PARCEL NUMBER: 0705 32 000045
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 7/18/2007
• Weld County Department of Public Health & Environment, referral received 7/2/2007
• Weld County Building Inspection, referral received 6/28/2007
• Weld County Code Compliance, referral received 5/31/2007
• West Greeley Soil Conservation District, referral received 6/7/2007
• Town of Windsor, referral received 7/10/2007
• Weld County Department of Planning Services, landscape referral received 5/31/2007
• Windsor School District RE-4, referral received 6/18/2007
• Colorado Division of Wildlife, referral received 7/7/2007
• Weld County Sheriff's Office, referral received 6/3/2007
• Office of State Engineer— Division of Water Resources, referral received 6/18/2007
• Windsor/Severance Fire Protection District, referral received 7/3/2007
EXWBIT
I
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Severance
Colorado Department of Transportation
Department of Planning Services, Addressing Referral
r.
PZ-1129—Homestead PUD 2
wiic.
COLORADO
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE NUMBER: PZ-1129 HEARING DATE: July 17, 2007
PLANNER: Chris Gathman
APPLICANT: Chris Serbousek — Serbousek Family LLC CIO Sac Ayala — Merrick &
Company
ADDRESS: 2450 S. Peoria Street, Aurora, CO. 80014-5472
REQUEST: Change of Zone from A (Agricultural) to PUD for eight (8) residential lots
(Homestead PUD) with Estate Zone Uses along with 7.071 acres of common
open space
LEGAL DESCRIPTION: Lot A of RE-4545; located in part of the E2SW4 of Section 32, T7N, Range
67 West of the 6T" P.M., Weld County, Colorado
LOCATION: North of and adjacent to County Road 74 and 1/4 mile east of County Road
15.
ACRES: 34.9 +/- PARCEL NUMBER: 0705 32 000045
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 27-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26
(Mixed Use Development) of the Weld County Code. The proposed site is not influenced by
an Inter-Governmental Agreement nor is it located within an urban growth boundary. The
proposal is consistent with the aforementioned documents as follows:
PZ-1129 Homestead PUD 3
1) Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure the
health, safety and general welfare of the present and future residents of the County."
The proposed PUD will be serviced by the North Weld County Water District for potable
water. The applicant has submitted a draft water service agreement with North Weld
County Water District. A finalized water agreement will be required at the final plat
stage. Individual Sewage Disposal Systems will handle the effluent flow.
B. Section 27-6-120.6.b - The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27
of the Weld County Code.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District for the eight (8) residential lots with the exception
that no animal units as defined in Section 23-2-90 of the Weld County Code will be allowed.
Section 27-6-80.B.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 20.2% of the site is designated for common open space.
Section 27-6-90, Signage— Section 27-2-90.C. states: "Signage within a PUD shall adhere to
all requirements in this Chapter and Chapters 23 and 26 of this Code, if applicable."
The application indicates that the proposed subdivision monument sign will adhere to the sign
standards outlined in the Weld County Code. Subdivision signs adhere to the size standards
of signs for public and quasi-public uses, which is 32-square feet, per Section 23-4-80 of the
Weld County Code.
C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities.
This site is located within the 3-mile referral area of the Towns of Windsor and Severance.
The proposed PUD is located west of and adjacent to the incorporated limits of the Town of
Windsor but is not located within the urban growth boundary for the Town of Windsor. The
Town of Windsor, in their referral received July 10, 2007, indicated that the townsite is within
Windsor's Growth Management Area and within the boundaries of the East Side Sanitary
Interceptor Plan (ESSIP). The Town of Windsor Planning Commission recommends denial of
this application due to inconsistency with the Town of Windsor's land use map and East Side
Sanitary Interceptor Plan and further recommends that the applicant be referred to the Town
of Windsor for annexation and development. Town of Windsor sewer is presently located
approximately 2.5 miles southeast of this site. The Town of Windsor indicated that several
annexations have recently been approved that could possibly extend sewer service west of
State Highway 257 and further to the north. However, the town cannot commit to specific
timeframes or dates when sewer would be available at this time. Because this site is not
located within the urban growth boundary for the Town of Windsor, the urban growth policies
in regards to annexation and compatibility with the adjacent municipality's comprehensive
plan as stated in section 22-2-110.C of the Weld County Code do not apply.
No referral response was received from the Town of Severance.
PZ-1129 Homestead PUD 4
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 applicant has submitted a draft water service agreement with North Weld County Water
District. A finalized water agreement will be required at the final plat stage. Individual Sewage
Disposal Systems will handle the effluent flow. The Division of Water Resources in their
referral received June 18, 2007 indicated that North Weld County Water District has an
adequate uncommitted water supply to provide water for this project.
The proposed development will be serviced by individual sewage disposal systems.
E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
The proposed PUD will access off of County Road 74. The Department of Public Works
indicates in their referral received July 19, 2007 that County Road 74 (CR 74) is a strategic
arterial roadway connecting Fort Collins, Timnath and Severance. Segments of this road to
the east and the west of the proposed PUD have been widened to 3 and some cases 4 lanes
with speed limits in excess of 45 miles per hour. CR 74 adjacent to the proposed Homestead
PUD will eventually be 4 lanes. The proposed traffic resulting from this development and the
proposed access to the Homestead PUD development creates a sight distance/road safety
problem on CR 74 to the west of the proposed access point. The applicant is requested to
address this site condition with road plans that mitigate the hazard for eastbound travelers on
CR 74 attempting to turn into the proposed Homestead development. In particular, Public
Works requests Homestead PUD to provide preliminary designs for a developer-constructed
CR 74 turn lane for eastbound traffic.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable.
The applicant is required to enter into an off-site road improvements agreement and post
adequate collateral for improvements to County Road 74. An onsite improvements
agreement is required for improvements to the internal access. Draft onsite and offsite
improvements agreement will be required to be submitted with the Final Plat application.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site.
The site is not located within any overlay district.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
PZ-1129 Homestead PUD 5
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The submitted Specific Development Guide does accurately reflect the performance
standards and allowed uses described in the proposed zone district, as described previously.
The Department of Public Works is requiring the widening of CR 74 which will require
relocation of detention pond and structures possibly partially encroaching into the boundaries
of the proposed lots. Also, the applicant has not clarified the purpose of the internal road
connection to the north and a finalized water agreement has not been submitted for this
development. For these reasons, the Department of Planning Services is recommending that
this Change of Zone be conceptually approved and that it be heard by the Board of County
Commissioners at the final plat stage.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for Eight (8) residential lots with Estate uses is
conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1129. (Department of Planning Services)
2) 'Weld County's Right to Farm" statement as provided in Appendix 22-E of the Weld
County Code shall be placed on any recorded plat. (Departments of Public Health and
Environment and Planning Services)
3) Front side and rear utility easements are not required to be indicated on the Change of
Zone plat and shall be removed. Topographical lines, interior lot lines and internal road
rights-of-way shall also be removed from the plat. The property boundary and all
recorded easements shall be shown on the plat. (Department of Planning Services)
4) 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)
B. The applicant shall attempt to address the requirements of the Windsor-Severance Fire
Protection District as stated in their referral received June 25, 2007. Written evidence of such
shall be provided to the Department of Planning Services. (Windsor-Severance Fire
Protection District)
C. The applicant shall attempt to address the requirements/recommendations of the Town of
Windsor as stated in their referral received July 10, 2007. Written evidence of such shall be
submitted to the Department of Planning Services. (Town of Windsor)
D. The applicant shall address the requirements of the Weld County Sheriff's Office as stated in
their referral received July 3, 2007. Written evidence of such shall be submitted to the
Department of Planning Services. (Weld County Sheriff's)
E. The applicant shall submit a finalized/recorded ditch agreement with the Lake Lee Lateral
Ditch or submit evidence of an adequate attempt to address their concerns to the Department
of Planning Services. (Department of Planning Services)
PZ-1129 Homestead PUD 6
F. 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)
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
eight (8) residential lots with E (Estate) Zone uses along with 7.071 acres of open space.
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 that no animal units as defined in Section 23-1-90 of the
Weld County Code will 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 statement as delineated on this plat shall be recognized at all
times. (Department of Planning Services)
D. Signs shall adhere to Article IV, Division 2 of the Weld County Code. These requirements
shall apply to all temporary and permanent signs. (Department of Planning Services)
E. Water service shall be obtained from the North Weld County Water District. (Department of
Public Health and Environment)
F. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and Environment)
G. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. Contact the Water Control Division
of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health
and Environment)
H. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of the
Weld County Department of Public Health and Environment, a fugitive dust control plan must
be submitted. (Department of Public Health and Environment)
I. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions. (Department of Public Health and Environment)
J. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration, the responsible party shall prepare a fugitive dust control plan, submit an
"Po. air pollution emissions notice, and apply for a permit from the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
PZ-1129 Homestead PUD 7
K. Prior to the release of building permits, the Lot owner shall verify with the nearest Town/City
or Sanitation District to determine the location of the nearest sanitary sewer line. 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.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services.
L. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat. (Department of Public Health and Environment)
M. A separate building permit shall be obtained prior to the construction of any structure.
(Department of Building Inspection)
N. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each building permit. Residential
building plans may be required to bear the wet stamp of a Colorado registered architect or
engineer. (Department of Building Inspection)
O. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2003
International Residential Code, 2003 International Building Code, 2003 International
Mechanical Code, 2003 International Plumbing Code, 2003 International Fuel Gas Code,
2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
P. Each residential 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)
Q. 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, this includes setbacks to oil and gas
production facilities. (Department of Building Inspection)
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. Building height shall be measured in accordance with the 2003 International 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
PZ-1129 Homestead PUD 8
requirements. Offset and setback requirements are measured to the farthest projection of 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)
U. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(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. 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)
X. 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)
Y. No development activity shall commence on the property, nor shall any building permits be
issued on the property until the final plan has been approved and recorded. (Department of
Planning Services)
Z. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to
submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not
�" submitted within 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)
AA. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
3. The 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)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
r
PZ-1129 Homestead PUD 9
5. At the time of Final Plan submission:
A. The applicant shall submit a set of sign standards as required by Section 27-6-90.E.1. of the
Weld County Code for review and approval. (Department of Planning Services, Sheriff's
Office)
B. The applicant shall submit development covenants for Homestead PUD. The covenants shall
address the maintenance of the drainage easement to be located on Lot B of RE-4545. The
covenants shall also address signage requirements and refer to the Weld County Code.
(Department of Public Health and Environment)
C. 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)
D. 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)
E. 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)
F. The applicant shall submit all proposed street names and lot addresses to the Weld County
/^ Department of Planning Services for review and approval by the Windsor-Severance Fire
Protection District, the Weld County Sheriff's Office, the Weld County Ambulance Services
Department and the Post Office for review and approval. (Department of Planning Services)
G. 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)
H. 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)
I. The applicant shall address the requirements of the Department of Planning Services
(Landscaping referral) dated May 31, 2007. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Planning Services)
J. The applicant shall submit an executed agreement securing water from the North Weld
County Water District for service to the PUD. Evidence of the agreement and sign off from
the North Weld County District shall be provided to the Department of Planning Services.
(Department of Planning Services)
K. The proposed internal road layout indicates a 60-foot right-of-way connection to the property
to the north of the proposed subdivision site. The property to the north presently consists of
one (1) single-family residence. The standard right-of-way required for connection to an
existing residential property is 30-feet. The applicant shall provide written clarification
regarding the use of this road connection (is it for existing uses, is it for the future
PZ-1129 Homestead PUD 10
development of the adjacent lot to the north...). (Departments of Planning Services and
Public Works)
L. The applicant shall address and resolve the requirements of the Department of Public Works
as stated in their referral dated July 18, 2007. Written evidence of such shall be provided to
the Department of Planning Services. (Department of Public Works)
M. The applicant shall submit Improvements Agreements According to Policy Regarding
Collateral for(on-site) Improvements with the Final Plan application. These agreements must
be reviewed by Public Works and shall be approved by the Board of County Commissioners
(BOCC) prior to recording any Final Plat. (Department of Public Works/Department of
Planning Services)
N. The applicant shall submit Improvements Agreements According to Policy Regarding
Collateral for(off-site) Improvements with the Final Plan application. These agreements must
be reviewed by Public Works and shall be approved by the Board of County Commissioners
(BOCC) prior to recording any Final Plat. (Department of Public Works/Department of
Planning Services)
O. The applicant shall provide information in regards to the location of the nearest Town of
Windsor sewer line in reference to this proposed development. (Department of Planning
Services)
6. Prior to recording the final plat:
A. Original copies of the approved covenants along with the appropriate recording fee (currently
$6 for the first page and $5 for subsequent pages) shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the State. (Department of Planning
Services)
C. The applicant shall 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 fee in lieu of land dedication as stated in the
June 18, 2007 referral from the Windsor RE-4 School District and that the remaining
requirements of the RE-4 School District have been addressed. (Windsor School District RE-
4)
F. The applicant is proposing a drainage easement to be located on Lot B of Recorded
Exemption 4545. The applicant shall obtain a perpetual drainage easement to accept
Homestead PUD runoff at this location. Evidence of such shall be provided to the Department
of Public Works and Department of Planning Services. (Department of Public Works)
G. 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
PZ-1129 Homestead PUD 11
formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is
.e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Dept.
of Planning Services)
7. Prior to release of collateral:
A. Evidence shall be provided that Tracts A, B and C have been deeded to the Homeowner's
Association. (Department of Planning Services)
PZ-1129 Homestead PUD 12
DEPARTMENT OF PLANNING SERVICES
(it NORTH OFFICE
918 10 Street
GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498
WIIDe.
COLORADO
May 24, 2007
Chris Serbousek
do Sac Ayala
Merrick&Company
2450 S Peoria St
Aurora CO 80014-5477
Subject: PZ-1129- Request for a A change of zone from A(Agricultural)to PUD for eight(8) residential lots for E
(Estate) uses along with 7.071 acres of open space on a parcel of land described as Lot A of RE-4545;
located in part of the E2SW4 of Section 32,T7N, 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 August 7,2007,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 Severance and Windsor Planning Commission for their review and
comments. Please call Severance at 970-686-1218 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 Severance
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,
tho
�..� Chris Gathman
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS July 23, 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 PZ-1129 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
CHRIS GATHMAN
Name of Person Posting Si ri
a„�
(L EH.
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this day of , 2007.
WITNESS my hand and official seal.
Notary
BILLIE J. MOORE
NOTARY PUBLIC
My Commission Expires: (Jc)9I to STATE OF COLORADO
EXHIBIT
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FIELD CHECK inspection date: 6/27/2007
APPLICANT: Chris Serbousek (Homestead PUD) CASE #: PZ-1129
REQUEST: PUD change of zone from Ag to PUD with Estate Uses for 8 residential
lots w/ approx. 7 acres of open space
LEGAL: Lot B RE-4545; Part E2SW4 of Section 32, T7N, R67W of the 6T" P.M.,
Weld County, Colorado
LOCATION: North of and adjacent to County Road 74 and 1/4 mile east of County
Road 15
PARCEL ID #: 0705 32 000045 ACRES: +/- 34.9
Zoning Land Use
N A (Agricultural) N ag land/single-family residence
E A (Agricultural) E single-family residence - Valley View Ranch 1/4
mile to the southeast
S A (Agricultural) S Ag land
W A (Agricultural) W Ag land
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COMMENTS:
Vacant parcel agricultural parcel with Lake Lee Lateral crossing in the southeast portion
of the property. Property slopes from the ditch from the southeast to the northwest.
Shared residential access running along the east end of the property along with a
rudimentary ag access point at the west end of the property.
khan--
Chris Gathman - Planner II
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