HomeMy WebLinkAbout20062669.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Liberty Properties LLC c/o Kenneth and Case Number PZ-1103
Connie Williamson
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
` Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form X
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
'3 Utilities X
3 Referral List X
N.` Referrals without comment X
Weld County Zoning Compliance Officer, referral received May 22, 2006 X
Omni Trax/Great Western Railroad, referral received May 25,2006 X
State of Colorado, Division of Wildlife, referral received June 4,2006 X
Longmont Soil Conservation District, referral received June 13,2006 X
4 Referrals with comments X
Weld County Building Inspection, referral received June 26,2006 x
State of Colorado, Division of Water Resources referral received June 9,2006 X
X
., Weld County Department of Public Health and Environment, referral received June X
15,2006 and July 17,2006
Colorado Department of Transportation, referral received May 22,2006 X
Little Thompson Water District, referral received May 25, 2006 X
St.Vrain Sanitation District, referral received May 25, 2006 and July 19, 2006 X
Weld County Sheriff's Office, referral received May 24, 2006 ..J,412j/2,'4, X
Highland Ditch Company, referral received May 24, 2006 and July 11, 2006 x
Mountain View Fire Protection District, referral received May 26, 2006 and July 10, X
2006
St. Vrain Valley School District, referral received June 12, 2006 X
UMW
2006-2669
Weld County Department of Public Works, referral received June 9, 2006 and July
12,2006 X
City of Longmont, referral received June 14,2006 and July 13,2006 X
5 PC Exhibits Lam, NG(tfyytn0t..C,cI 1 7,2ct.4..) X
5.a Aerial Map of Western Parallel Arterial Preferred Alignment provided by the Town X
of Mead
5.b Town of Mead Comprehensive Plan provided by the Town of Mead X
5.c Letter from the homeowners at Eden's Reserve Subdivision dated July 30,2006 X
5.d Letter from Christopher and Belle Conway dated July 24,2006 X
X
I hereby certify that the thirty five items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
Jacqueline atch ❑ Planner
LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
COLORADO
CASE NUMBER: PZ-1103 PLANNER: Jacqueline Hatch
HEARING DATE: July 18, 2006 Continued to August 1, 2006
APPLICANT: Liberty Properties LLC c/o Kenneth and Connie Williamson
ADDRESS: 4068 Camelot Circle Longmont, CO 80504
REQUEST: Liberty PUD, Change of Zone from the A (Agricultural) Zone District to PUD for
one hundred and thirty one (131) lots with (R-1) Low Density Residential uses,
one (1) twenty-three (23) acre lot with (C-1) Neighborhood Commercial and (C-2)
General Commercial uses, and approximately thirty (30) acres of common open
space.
LEGAL: NW4 of Section 21, T3N, R68W of the 6th P.M.,Weld County, Colorado
LOCATION: South of and adjacent to County Road 32 and east of and adjacent to County
Road 5.
ACRES: 158.17 acres, more or less PARCEL# 1207 21 000001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services'staff has received responses from the following agencies:
• Weld County Zoning Compliance Officer, referral received May 22, 2006
• Weld County Building Inspection, referral received June 26, 2006
• Weld County Department of Public Health and Environment, referral received June 15, 2006 and
July 17, 2006
• Longmont Soil Conservation District, referral received June 13, 2006
• Mountain View Fire Protection District, referral received May 26, 2006 and July 10, 2006
• St. Vrain Valley School District, referral received June 12, 2006
• St. Vrain Sanitation District, referral received May 25, 2006 and July 19, 2006
• City of Longmont, referral received June 14, 2006 and July 13, 2006
• Colorado Department of Transportation, referral received May 22, 2006
• Little Thompson Water District, referral received May 25, 2006
• Highland Ditch Company, referral received May 24, 2006 and July 11, 2006
• Omni Trax/Great Western Railroad, referral received May 25, 2006
• State of Colorado, Division of Wildlife, referral received June 4, 2006
• State of Colorado, Division of Water Resources referral received June 9, 2006
• Weld County Sheriff's Office, referral received May 24, 2006
• Weld County Department of Public Works, referral received June 9, 2006 and July 12, 2006
The Department of Planning Services' staff has not received responses from:
• Boulder County Planning
• Larimer County Planning
• Town of Mead
•
Town of Firestone
I. EXHIBIT
Liberty PUD PZ-1103 Page 1
$fit=77 CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
PLANNER: Jacqueline Hatch
CASE NUMBER: PZ-1103
HEARING DATE: July 18, 2006 Continued to August 1, 2006
APPLICANT: Liberty Properties LLC c/o Kenneth and Connie Williamson
ADDRESS: 4068 Camelot Circle Longmont, CO 80504
REQUEST: Liberty PUD, Change of Zone from the A (Agricultural) Zone District to PUD for
one hundred and thirty one (131) lots with (R-1) Low Density Residential uses,
one (1)twenty-three (23)acre lot with (C-1) Neighborhood Commercial and (C-2)
General Commercial uses, and approximately thirty (30) acres of common open
space.
LEGAL: NW4 of Section 21, T3N, R68W of the 6th P.M.,Weld County, Colorado
LOCATION: South of and adjacent to County Road 32 and east of and adjacent to County
Road 5.
ACRES: 158.17 acres, more or less PARCEL# 1207 21 000001
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 27-6-120.8.6.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 (Mixed Use Development) of the Weld County Code. The
proposed site is not influenced by an Inter-Governmental Agreement. The proposal is
consistent with the aforementioned documents as follows:
1. Section 22-2-100.B - Efficient and orderly land development and the
conservation of agricultural land suggest that urban-type development take place
in or adjacent to existing municipalities or where adequate infrastructure is
currently available or reasonably obtainable. Urban development adjacent to
municipalities is appropriate if urban services can be extended to serve the area.
The application is an urban scale development of one hundred and thirty one
(131) lots with (R-1) Low Density Residential uses, one (1) twenty three (23)acre
lot with (C-1) Neighborhood Commercial and (C-2) General Commercial uses,
and approximately thirty (30) acres of common open space in the Agricultural
Zone District. The minimum residential lot size is 14,394 square feet (.33 acre),
Liberty PUD PZ-1103 Page 2
the average residential lot size is 25,339 square feet (.58 acre). The residential
component will have a low density of 1.08 dwelling units per acre. The
commercial lot is 23 acres. The site is located within the study area for the I-25
Southwest Corridor Study area but it is not adopted at this time. The study is
projected to be completed by August 2006. The site is also not located with an
Urban Growth Boundary (UGB) area, an Intergovernmental Agreement (IGA)
area and/or the Mixed Use Development (MUD) area but is located in close
proximity to the existing municipal boundaries for the Town of Mead. The site is
to be serviced by Little Thompson Water District and St. Vrain Sanitation District.
2. Section 23-2-190.C.2 (R.Policy a 2) - Urban commercial and industrial
development will be encouraged when the subject site is located inside an
approved intergovernmental agreement area, urban growth boundary area, 1-25
Mixed Use Development area or urban development nodes, or where adequate
services are currently available or reasonably obtainable. This policy is intended
to support urban residential uses. The applicant is proposing one twenty three
acre parcel with commercial (C-2 General Commercial) zoning uses. Section 23-
3-220.A of the Weld County Code states that the purpose of the C-2 Zone District
is to establish and preserve areas for activities which provide goods and services
to the residents or areas larger than a local neighborhood. The C-2 Zone District
shall be located, designed and operated in a manner that minimized the
undesirable impacts of the uses on the area in which they are located. At the
time of development of the 23 acre parcel a Site Plan Review will be required. If
the applicant desires to divide the 23 acre parcel into smaller lots an amendment
to the PUD Final Plat will be required.
3. Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit Development which
includes a residential use should provide common open space free of buildings,
streets, driveways or parking areas. The common open space should be
designed and located to be easily accessible to all the residents of the project
and usable for open space and recreation. Some Planned Unit Developments
may not require common open space depending on their type, density, or other
factors. The proposal includes 30.57 acres of open space located on outlots A-E.
4. Section 22-2-210.D. 3. (PUD.Policy 4.3.) — Conservation of natural site features
such as topography, vegetation and water courses should be considered in the
project design. The site is primarily level with no significant natural features.
There is an existing homestead in the northwest corner of the property that will
be removed from the site.
5. Section 22-2-210.F. 1. (PUD.Policy 6.1.) -- The development should provide for
perpetual maintenance of all commonly shared land and facilities. The County
should not bear the expense or responsibility of maintenance for any commonly
shared land or facilities within the Planned Unit Development. Conditions of
Approval and Development Standards ensure that any future work required to
maintain the open space shall be at the expense of the Homeowners
Association.
6. 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 Little Thompson Water
District and St. Vrain Sanitation District. The applicant has submitted an
agreement with the Little Thompson Water District for 130 taps. The applicant
will need to amend the agreement to 133 taps prior to scheduling the Board of
County Commissioners hearing.
B. Section 27-6-120.6.6 - 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.
Liberty PUD PZ-1103 Page 3
Section 27-2-20, Access standards — The applicant is proposing to dedicate 8.40 acres
for the future 1-25 Parallel Arterial roadway. The 140 foot wide roadway dedication is
located approximately 500 feet west of the east property boundary. The arterial roadway
will parallel the east property line at grade to County Road 32. The 8.40 acres will be a
single segment of dedicated right of way that has no connection to any other portion of
arterial right of way. In a letter dated June 9, 2006 the Weld County Department of Public
Works has recommended approval of the zone change based upon the applicant
addressing the Department of Public Works concerns outlined in their referrals dated
June 9, 2006.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the R-1 (Low Density Residential) Zone District for the residential area,
the C-1 (Neighborhood Commercial) and C-2 (General Commercial) Zone District for the
commercial area.
The applicant has met the remaining performance standards as delineated in Section 27-
2-10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-220 of the Weld County Code.
C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with
the existing or future development of the surrounding area as permitted by the existing
Zoning, and with the future development as projected by Chapter 22 of the Weld County
Code or master plans of affected municipalities. The proposed site is located within the
three mile referral areas for the Towns of Mead and Firestone, the City of Longmont, and
Boulder and Larimer Counties. The City of Longmont in their referral dated June 14,
2006 state that this project is proposing an urban level of development that will require a
variety of urban services. The property is not located with the current MUD boundary; it
is located with the study area for the Southwest Weld 1-25 Corridor Study. The City has
been actively participating in this study, which is looking at the current MUD and this
expanded study area. Until this study is completed and adopted, the City reiterates its
suggestion that it is premature to approve any change of zone for an urban level
development for property not currently with the MUD area. The City also has questions
depicting alignment for the future parallel 1-25 arterial as part of the application. The City
is concerned that the approval of development plans in this area might limit alignment
options in this corridor. The City looks forward to further exploration and analysis of
alternatives for this critical transportation improvement. The City of Longmont also has
commented on the pedestrian linkage across the proposed 1-25 arterial road. The Towns
of Mead and Firestone along with Boulder and Larimer Counties did not respond to the
referral request. One letter from a surrounding property owner has been received. Their
concerns are in regards to the density of the project, their view and the traffic in the area.
The surrounding property owner also states that"the people of Mead have made it known
that they would like the chance to plan the growth of their city according to the
comprehensive plan that has been laid out".
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
Little Thompson Water and Saint Vrain Sanitation Districts. The Weld County Attorney's
Office has indicated that the agreement for 130 taps submitted by the applicant are
adequate for the Change of Zone. The Department of Planning Services is requesting
prior to scheduling the Board of County Commissioners hearing that written evidence be
submitted demonstrating that 133 taps are available. The Weld County Department of
Public Health and Environment has indicated in a referral response dated June 15, 2006
that the application has satisfied Chapter 27 of the Weld County Code in regard to water
and sewer service.
Liberty PUD PZ-1103 Page 4
E. Section 27-6-120.6.e - That street or highway facilities providing access to the property
are adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. The Department of Public
Works has reviewed the proposal and has determined that the internal road right-of-way
as proposed is acceptable. However, sidewalks shall be located fully within the rights-of-
way for the roadways, therefore the internal roadway right-of-way will need to be 72 feet.
Stop signs and street names will be required at all intersections. The Department of
Public Works is requesting that the applicant enter into a Metro District for the
maintenance of the internal roadways. The applicant is not proposing a Metro District
and is requesting that the County take over the maintenance of the internal roadways.
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 Weld County Department of Public Works and Department
of Planning Services shall require an Improvements Agreement in accordance with
Section 27-6-120.6.f of the Weld County Code for improvements to Liberty PUD and all
on-site and off-site improvements.
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 Weld County Department of
Public Works in a referral dated June 9, 2006 from Brian Varrella has outlined drainage
comments that will need to be completed through the Change of Zone application
process and the Final Plat.
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 applicant is requesting that the
Final Plan be administratively reviewed. The Department of Planning Services' staff
suggests that the Board of County Commissioners review the Final Plan.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from the A (Agricultural) Zone District to PUD for one hundred and thirty one (131)
lots with (R-1) Low Density Residential uses, one (1) twenty-three (23) acre lot with (C-1) Neighborhood
Commercial and (C-2) General Commercial uses, and approximately thirty (30) acres of common open
space is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall provide written evidence to the Department of Planning Services that
a total of 133 taps are available from the Little Thompson Water District (131 residential
taps, 1 commercial tap and 1 additional tap for irrigation) and evidence of any non-
potable water source and delivery for irrigation for proposed open space. (Department of
Planning Services)
B. The applicant shall submit to the Department of Public Works written evidence showing
coordination efforts with the Town of Mead regarding the typical cross section for County
Road 32. Written evidence from the Department of Public Works shall be provided to the
Department of Planning Services. (Department of Public Works)
2. Prior to recording the Change of Zone plat:
Liberty PUD PZ-1103 Page 5
A. The applicant shall address the requirements (concerns) of the Little Thompson Water
District, as stated in the referral response dated May 25, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
B. The applicant shall address the requirements (concerns) of the Highland Ditch Company,
as stated in the referral response dated May 24, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
C. The applicant shall address the requirements (concerns) of the St. Vrain Sanitation
District, as stated in the referral response dated May 25, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
D. The applicant shall address the requirements (concerns) of Department of Public Works,
as stated in the referral responses from Jesse Hein dated June 9, 2006 and Brian
Varrella also dated June 9, 2006. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements (concerns) of Department of Public Health
and Environment, as stated in the referral response dated June 15, 2006. Specifically
the designation of the pool on site. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall attempt to address the requirements (concerns) of Weld County
Sheriffs Office, as stated in the referral response dated May 24, 2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
G. The applicant shall attempt to address the requirements (concerns) of the St. Vrain Valley
School District (RE-1J), as stated in the referral response dated June 12, 2006.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
H. The applicant shall attempt to address the requirements (concerns) of the Mountain View
Fire Protection District, as stated in the referral response dated May 26, 2006. Evidence
of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
The applicant shall be required to submit a re-vegetation plan of all disturbed areas
disturbed areas during construction. The plan shall include information regarding plant
type, installation methods and maintenance. (Department of Planning Services)
J. The applicant shall be required to provide written and graphic evidence from the school
district and post office that the proposed mailbox location and bus shelter plan meets
their design standards and delivery requirements for the mailbox facility and the proposed
school drop off / pick up location shall be approved by the School District. Written
evidence of compliance with their standards and requirements shall be submitted to the
Department of Planning Services. Further, evidence shall be provided that the facility
meets the intent of the Americans with Disabilities Act (ADA) for access. (Department of
Planning Services)
Liberty PUD PZ-1103 Page 6
K. The applicant shall provide additional detail to the relationship of the bus pull-out, mail
box location and point of ingress and egress for development. (Department of Planning
Services)
L. The applicant shall provide the Department of Planning Services with a sign plan that
conforms with Section 23-4-80.A of the Weld County Code. (Department of Planning
Services)
M. The applicant shall provide additional information pertaining to the entry sign and plant
materials, including common, botanical and species names, size at installation and any
additional information deemed necessary by the Landscape Architect, if any.
(Department of Planning Services)
N. The applicant shall address the issue of the turf / native and seed grasses in all open
space areas. (Department of Planning Services)
O. The applicant shall address the requirements (concerns) of Weld County Department of
Building Inspection, as stated in the referral response dated June 26, 2006. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
P. The applicant shall address the requirements (concerns) of State of Colorado Division of
Water Resources, as stated in the referral response dated June 9, 2006. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
Q. The applicant shall address the requirements (concerns) of State of Colorado
Department of Transportation (CDOT), as stated in the referral response dated May 22,
2006. The applicant specifically shall submit a traffic impact study to CDOT for review
and comment. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
R. The applicant shall identify a road name for the proposed development and provide
written evidence from all applicable service agencies that the proposed name is in
compliance with their identification/naming protocol. (Department of Planning Services)
S. The applicant shall submit a draft agreement/service plan for the Metro District to the
Department of Planning Services. (Department of Planning Services)
T. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled PZ-1103. (Department of Planning
Services)
2. The applicant shall adhere to the plat requirements in preparation of the Change
of Zone plat. The vicinity map shall be delineated at a scale of 1"-2000' and the
Site Plan shall be delineated at a scale of 1"-100' or 1"-200'. (Department of
Planning Services)
3. All building envelopes shall be deleted from the Plat (applicant is complying with
the R-1 Zone District setbacks). (Department of Planning Services)
4. The applicant shall provide an Open Space / Landscape Plan per Section 24-3-
- 50.G of the Weld County Code. (Depart of Planning Services)
5. The applicant shall delineate a Landscape Legend and provide additional
Liberty PUD PZ-1103 Page 7
information regarding the proposed plant material species. At a minimum, the
applicant shall identify existing on-site plant material delineated with a single dot
in the center of the circle and proposed additional plant material with a "+" in the
middle of each circle. (Department of Planning Services)
6. The placement of the School bus pullouts/shelters and postal kiosks shall be
shown on the change-of-zone plans as to assess safety and traffic concerns.
Final configuration and details of these items shall be determined by the school
district and postmaster. (Department of Public Works)
7. County Road 32 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. All
setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way.
If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. County Road 32 from the intersection of County
Road 5 east to the existing pavement shall be paved by the applicant.
(Department of Public Works)
8. County Road 5 is designated on the Weld County Road Classification Plan as a
collector status road, which requires 80 feet of right-of-way at full build out. There
is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on
the plat as future County Road 5 right-of-way. All setbacks shall be measured
from the edge of future right-of-way. The applicant shall verify the existing right-
of-way and the documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
9. The adopted 1-25 parallel arterial roadway is located approximately 2,150 feet
east of County Road 5. The proposed arterial requires 140 feet of right-of-way.
The 140 feet of right-of-way shall be delineated on the plat. (Department of
Public Works)
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 the A(Agricultural)Zone
District to PUD for one hundred and thirty one (131) lots with (R-1) Low Density
Residential uses, one (1) twenty three (23) acre lot with (C-1) Neighborhood Commercial
and (C-2) General Commercial uses, and approximately thirty (30) acres of common
open space as indicated in the application materials on file in the Department of Planning
Services and subject and governed by the Conditions of Approval stated hereon and all
applicable Weld County Regulations. (Department of Planning Services)
B. Water service shall be obtained from the Little Thompson Water District. (Department of
Public Health and Environment)
C. Sewer service shall be obtained from the St. Vrain Sanitation District. (Department of
Public Health and Environment)
D. A storm water discharge permit may be required for a development / redevelopment /
construction site where 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)
Liberty PUD PZ-1103 Page 8
E. 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)
F. 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 which are technologically feasible and economically reasonable in
order to minimize dust emissions. (Department of Public Health and Environment)
G. 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)
H. Permanent restroom and handwashing facilities shall be provided within easy access of
the public gathering areas. (Department of Public Health and Environment)
I. A Homeowner's Association shall be established prior to the sale of any lot. Membership
in the Association is mandatory for each parcel owner. The Association is responsible for
liability insurance, taxes and maintenance of open space, streets, private utilities and
other facilities. Open space restrictions are permanent. (Department of Planning
Services)
J. The Home Owners Association shall be responsible for replacing all dead or dying plant
material in the open space areas. (Department of Planning Services)
K. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services & Department of Public Health and Environment)
L. Stop signs and street name signs will be required at all intersections. (Department of
Public Works)
M. All signs including entrance signs shall require building permits. Signs shall adhere to
Section 23-4-80 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services)
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
O. Building permits shall be obtained prior to the construction of any building or structure.
Building permits are also required for signs and structures such as bus shelters if
provided. (Department of Building Inspection)
P. Activities such as permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the septic absorption field site. (Department of Public Health and
Environment)
Q. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying
for each permit. (Department of Building Inspection)
R. Buildings shall conform to the requirements of the codes adopted by Weld County at the
Liberty PUD PZ-1103 Page 9
time of permit application. Current adopted codes include the 2003 International Building
Code, 2003 International Residential Code, 2003 International Mechanical Code, 2003
International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
S. 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)
T. Prior to all new construction a letter of approval from the Mountain View Fire Protection
District shall be submitted to the Department of Building Inspection. (Department of
Building Inspection)
U. 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. Off-set and setback requirements are measured to the
farthest projection from the building. (Department of Building Inspection)
V. 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)
W. Personnel from Weld County Government shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Development Standards stated herein and all applicable Weld County
regulations. (Department of Planning Services)
X. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning
Services, and adopted Weld County Code and Policies. (Department of Planning
Services)
Y. No development activity shall commence on the property, nor shall any building permits
be issued on the property until the final plan has been approved and recorded.
(Department of Planning Services)
Z. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure
to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not
submitted within two (2) years of the date of the approval of the PUD Zone District, the
Board of County Commissioners shall require the landowner to appear before it and
present evidence substantiating that the PUD project has not been abandoned and that
the applicant possesses the willingness and ability to continue with the submission of the
PUD Final Plan. The Board may extend the date for the submission of the PUD Final
Plan application and shall annually require the applicant to demonstrate that the PUD has
not been abandoned. If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that the
landowner cannot implement the PUD Final Plan, the Board of County Commissioners
may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone
District reverted to the original Zone District. (Department of Planning Services)
AA. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of
the Weld County Code. (Department of Planning Services)
Liberty PUD PZ-1103 Page 10
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. At the time of Final Plan submission:
A. Roadway and grading plans along with construction details will be required for the final
plat. (Department of Public Works)
B. Proposed building envelopes and grading to accommodate drainage shall be provided
with the final grading and drainage plans. (Department of Public Works)
C. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the final plat. (Department of Planning Services)
D. The applicant shall submit an on-site (Private) Improvements Agreement with the final
plat application that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code. (Department of Planning
Services)
E. A final drainage report stamped, signed and dated by a professional engineer licensed in
the State of Colorado along with construction plans, conforming to the drainage report
shall be submitted with the final plat application for approval prior to recording the final
plat. The report shall address all issues indicated in the Weld County Department of
Public Works referral response dated June 9, 2006 (Department of Public Works)
F. The applicant shall provide written documentation to the Department of Planning
Services that the bus pullout area satisfies both Public Works and the School District.
The right-of-way will be dedicated on the Final Plat. (Departments of Planning Services)
G. Evidence shall be provided to Weld County Department of Planning Services from the
applicable Post Office stating that the proposed mailbox location meets their design
standards and delivery requirements. Should a single pedestal mail box not be the
preferred standard, written evidence from the applicable Post Office shall be provided
stating the contrary. (Department of Planning Services)
H. Additional information shall be submitted regarding the Bus Shelter. The information shall
include setbacks, road right-of-way encroachment, type of construction and foundation.
(Department of Planning Services)
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)
J. Upon approval of an access location the applicant shall submit a request to a Weld
County Building Technician for lot addresses. The subdivision street name and lot
addresses shall be submitted to the Mountain View Fire Protection District, the Weld
County Sheriffs Office, Ambulance provider, and the Post Office for review. Written
evidence of approval shall be submitted to the Weld County Department of Planning
Services. (Department of Planning Services)
K. The applicant shall address the requirements of Weld County School District RE-1J St.
Liberty PUD PZ-1103 Page 11
Vrain Valley as stated in the referral response dated June 12, 2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
L. The applicant shall submit an itemized Improvements Agreement for all on-site and off-
site features and elements associated with this development. The proposed
improvements will include all transportation and non-transportation elements. A Lump
Sum cost estimate number is unacceptable. The Improvements Agreement will also be
required to include the eastern portion of the 1-25 Arterial Roadway. (Department of
Planning Services)
M. The existing septic system permit number SE-0300015 must be properly abandoned in
accordance with Section 30-7-70 of the Weld County Code. (Department of Public
Health and Environment)
N. Prior to recording the Final Plat the applicant shall present a unanimous petition of all
landowners and residents registered to vote in the State of Colorado thus qualifying the
Development for inclusion into the Southwest Weld County Law Enforcement Authority
(SWCLEA) (if it has been created) or for creation of a separate Law Enforcement
Authority (LEA) (if it was not created). A LEA is a taxing unit with a maximum mill levy of
7 mills created for the purpose of providing additional law enforcement by the county
sheriff to the residents of the developed or developing unincorporated Weld County. The
revenues would be available initially to provide directed patrols and eventually to provide
additional deputies to carry out those activities within the LEA. This is intended to offset
the demand for law enforcement generated by increased population densities.
(Department of Planning Services)
O. The applicant shall submit the finalized agreement/service plan for the Metro District.
(Department of Public Works)
P. All rights-of-way for proposed roadways must be dedicated on the final plat. (Department
of Public Works)
Q. Improvements agreements (on-site and off-site) shall be approved by the BOCC prior to
recording the final plat. (Department of Public Works)
R. The applicant must provide a pavement design prepared by a professional engineer
along with the final plat submittal. (Department of Public Works)
S. The applicant shall show a typical cross section for all traffic circles on the roadway
plans. (Department of Public Works)
T. Easements shall be shown on the change-of-zone plat in accordance with County
standards (Sec.24-7-60) and / or Utility Board recommendations. (Department of Public
Works)
U. Intersection sight distance triangles at the development entrance(s) will be required, and
shall be shown (labeled and dimensioned) to comply with AASHTO's "A Policy on the
Geometric Design of Highways and Streets" on final plan materials. All landscaping
within the triangles must be less than 3% feet in height at maturity, and noted on the final
roadway plans. (Department of Public Works)
V. 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)
Liberty PUD PZ-1103 Page 12
W. 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)
X. At the time of recording the Final Plat the applicant shall provide the Department of
Planning Services with written evidence of the transfer of the Highland Ditch Company to
the Home Owners Association. (Department of Planning Services)
Y. 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)
6. Prior to construction:
A. Stop signs and street name signs will be required at all intersections. (Department of
Public Works)
B. A letter of approval from the Mountain View Fire Protection District shall be submitted to
the Department of Building Inspection. (Department of Building Inspection)
C. Construction plans for the utilities showing the location of fire hydrants, the size of water
mains and available fire flows must be subdivision. The submittal must include a water
supply analysis indicating the available fire flow at the most demanding point in the water
system. (Mountain View Fire Protection District)
Liberty PUD PZ-1103 Page 13
a DEPARTMENT OF PLANNING SERVICES
d , SOUTHWESTFFICE
4209 OR 24.5
LONGMONT, CO 80504
C((I H.T�l� PHONE: (720)652-4210, Ext. 8730
FAX: (720) 652-4211
111k.
COLORADO
July 6,2006
Liberty Properties LLC
Go Tifane Johnson
3581 W Eisenhower Blvd
Loveland CO 80537
Subject: PZ-1103- Request for Liberty PUD, Change of Zone from the A(Agricultural)Zone District to PUD for one hundred and
thirty one (131)lots with (R-1) Low Density Residential uses,one(1)twenty three(23)acre lot with (C-1)Neighborhood
Commercial and (C-2)General Commercial uses, and approximately thirty(30)acres common open space on a parcel
of land described as the NW4 of Section 21,T3N, R68W 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 1, 2006,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.
-"is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,
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
nearing. 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 Firestone, Longmont and Mead Planning Commission for their review and comments. Please call Firestone
at(303)833-3291, Longmont at(303)651-8330 and Mead at(970)535-4477 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 Firestone, Longmont and Mead 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 fifteen 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,
Jacqueline Hatch
frafanner
Kir;
MEMORANDUM
VI TO: Weld County Planning Commissioners
DATE: July 5, 2006
COLORADO
FROM: Jacqueline Hatch, Planner II
SUBJECT: PZ-1103
Liberty Properties LLC do Kenneth and Connie Williamson have applied for a Change of Zone
from the A (Agricultural) Zone District to PUD (Liberty PUD) for one hundred and thirty one
(131) lots with (R-1) Low Density Residential uses, one (1) twenty three (23) acre lot with (C-1)
Neighborhood Commercial and (C-2) General Commercial uses, and approximately thirty (30)
acres of common openspace. The Department of Planning Services is requesting a continuance
of PZ-1103. Staff is requesting the case be continued to August 1, 2006 to allow for appropriate
notification.
a DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
\\
LONGMONT,T, COC 80504
PHONE: (720)652-4210, Ext. 8730
' FAX: (720)652-4211
WADe.
COLORADO
May 15,2006
Liberty Properties LLC
do Tifane Johnson
3581 W Eisenhower Blvd
Loveland CO 80537
Subject: PZ-1103- Request for Liberty PUD, Change of Zone from the A(Agricultural)Zone District to PUD for one hundred and
thirty one(131)lots with(R-1)Low Density Residential uses, one (1)twenty three(23)acre lot with (C-1) Neighborhood
Commercial uses, and approximately thirty(30)acres common open space on a parcel of land described as the NW4 of
Section 21,T3N, R68W 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 July 18,2006, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County
Planning Department, Southwest Office,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.
+e is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,
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 Firestone, Longmont and Mead Planning Commission for their review and comments. Please call Firestone
at(303)833-3291, Longmont at(303)651-8330 and Mead at(970)535-4477 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 Firestone, Longmont and Mead 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 fifteen 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.
Respectfull
Jac eli a at h
Manner
-- PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
__----II
THE LAST DAY TO POST THE SIGN IS V ut-y 3, OCR THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A CPUBLICALLY 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEIRKIIFT-E-E-TpAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR 172_ - 7/O2, IN THE A
(AGRICULTURAL) ZONE DISTRICT.
Jk-COOC(-(tit fl(3
Name of Person Posting Sign —Jacqueline Hatch
1 74.---._
Signat of Person Posting Sign
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me thiQgday o ,
2006. WITNESS my hand and official seal.
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FIELD CHECK
CASE NUMBER: PZ-1103 DATE OF INSPECTION:
APPLICANT'S NAME: Liberty Properties LLC c/o Kenneth & Connie Williamson
PLANNER: Jacqueline Hatch
REQUEST: Liberty PUD, Change of Zone from the A(Agricultural)Zone District to PUD for one hundred and
thirty one (131) lots with (R-1) Low Density Residential uses, one (1)twenty three (23) acre lot
with (C-1) Neighborhood Commercial uses, and approximately thirty(30) acres common open
space.
LEGAL DESCRIPTION: NW4 of Section 21, T3N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 32; east of and adjacent to CR 5.
1' e
LAND USE: N 7 l �
E 8:9 efrg el-/K/ 7 at�'.r'
/
ZONING: N A(Agricultural) J/
E A(Agricultural) Z 2 ed -aleitice 2 D
S A(Agricultural)
W A(Agricultural)
COMMENTS: a4L1Gl ' 7
C
` c4 f
o O4..Afe,A4
. 4.
?_,-y-e-r-rortiz( s/z4Lea
.c..00,1_4447.ctvey zatiat „ati, „„tc
- .5"
ted 1
P.C. Member
le_Ag:y C U6t , ¢ `�`: 44-
FIELD CHECK Inspection Date: 6/28/06
APPLICANT: Liberty Properties LLC c/o Kenneth and Connie Williamson
CASE#: PZ-1103
REQUEST: Liberty PUD, Change of Zone from the A (Agricultural) Zone District to PUD for one
hundred and thirty one (131) lots with (R-1) Low Density Residential uses, one (1)
twenty three (23) acre lot with (C-1) Neighborhood Commercial and (C-2) General
Commercial uses, and approximately thirty(30) acres of common openspace.
LEGAL: NW4 of Section 21, T3N, R68W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to County Road 32 and east of and adjacent to County Road 5.
PARCEL ID #: 1207 21 000001 ACRES: 156.6 +/-
Zoning Land Use
N A (Agricultural) N Agricultural
E PUD Estate E PUD Estate
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
Property slopes down to the south
Single family home with accessory buildings located in the northwest corner
CR 32 is gravel
CR 5 is paved
Signature
o House(s) o Derelict Vehicles
o Outbuilding(s) ❑ 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