HomeMy WebLinkAbout20060505.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Ridgeview Farms, LLC Case Number PZ-1090
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Pre-Advertisement request (� 7cCG C,3 7)
Continuance request
E-mail from County Attorney's Office ,,vWd 11/7/zmg (�l�u;l �uu✓ �(����(;�.
Department of Planning Services Field Check Form
Letter to Applicant
Affidavits and photographs of sign postings
Legal Notifications
'4 2 Application X
Maps
Deed
Surrounding Property/Mineral Owners
Utilities
Soil Survey
3 Referral List X
Referrals without comment
4 Referrals with comment X
Weld County Department of Public Works, referrals received 1/26/2006 and
12/27/2005
N Weld County Department of Public Health &Environment, referral received
12/8/2005
N.
Weld County Sheriff's Office, referral received 11/28/2005
Weld County Department of Building Inspection, referrals received 11/30/2005
Weld County Code Compliance, referral received 11/1/2005
Colorado Division of Water Resources, referral received 11/14/2005
Weld County School District RE-2, referral received 11/17/2005
Eaton Fire Protection District, referral received 11/30/2005
City of Greeley, referral received 11/18/2005
Town of Eaton, referral received 11/18/2005
West Greeley Soil Conservation District, referral received 11/8/2005
Colorado Department of Transportation, referral received 12/20/2005
EXHIBIT
2006-0505
• 5 PC Exhibits x
• a Updated plat
• b Preliminary ditch agreement with Ogilvey Ditch
• c Petition
d Applicants presentation
I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
4wail
Sheri Lockman : Planner
LAND USE APPLICATION
414S(I� �1 SUMMARY SHEET
WURe PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
COLORADO`
CASE NUMBER: PZ-1090 HEARING DATE: January 3, 2005
Continued to February 7, 2006
PLANNER: S. Lockman
APPLICANT: Ridgeview Farms, LLC do Bradley Keirnes, Manager
ADDRESS: c/o Casseday Creative Designs
55 S. Elm Avenue, Suite 210
Eaton, CO 80615
REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for 24
residential lots and 9.7 acres of open space (Ridgeview Farms PUD)
LEGAL Part NE4 Section 23, Township 6 North, Range 66 West of the 6h P.M., Weld County,
DESCRIPTION: Colorado
LOCATION: South of and adjacent to State Highway 392 &west of and adjacent to County Road 35
ACRES: 63.34 +/- PARCEL NUMBER: 0805 23 000017
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 12/8/2005
• Weld County Department of Public Works, referrals received 1/26/2006 and 12/27/2005
• Weld County Department of Building Inspection, referrals received 11/30/2005
•
Weld County Sheriff's Office, referral received 11/28/2005
• Weld County Code Compliance, referral received 11/1/2005
•
Weld County Attorney's Office, referral received 12/7/2005
•
Weld County School District RE-2, referral received 11/17/2005
•
Colorado Division of Water Resources, referral received 11/14/2005
• Colorado Department of Transportation, referral received 12/20/2005
•
Town of Eaton, referral received 11/18/2005
• City of Greeley, referral received 11/18/2005
• West Greeley Soil Conservation District, referral received 11/8/2005
•
Eaton Fire Protection District, referral received 11/30/2005
The Department of Planning Services' staff has not received responses from the following agencies:
•
Colorado Division of Wildlife
• North Weld County Water District
• North Poudre Irrigation Company
•
Bonanza Creek Operating Co.
EXHIBIT
Ridgeview Farms PUD 1 r
CHANG OF ECOMNE
- \1 ADMINISTRATIVE RECOMMENDATION
!auk
COLORADO
CASE NUMBER: PZ-1090 HEARING DATE: January 3, 2005
Continued to February 7, 2006
PLANNER: S. Lockman
APPLICANT: Ridgeview Farms, LLC c/o Bradley Keirnes, Manager
ADDRESS: c/o Casseday Creative Designs
55 S. Elm Avenue, Suite 210
Eaton, CO 80615
REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for 24
residential lots and 9.7 acres of open space (Ridgeview Farms PUD)
LEGAL Part NE4 Section 23, Township 6 North, Range 66 West of the 6'h P.M., Weld County,
DESCRIPTION: Colorado
LOCATION: South of and adjacent to State Highway 392 and west of and adjacent to County Road
35
ACRES: 63.34 +/- PARCEL NUMBER: 0805 23 000017
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of the
Weld County Code.
2. The submitted materials are not in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.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 proposal is inconsistent with the aforementioned
documents as follows:
1) Section 22-2-190.6.1(R.Policy 2.1)—The County should encourage a compact form of urban
development by directing residential growth to urban growth boundary areas and to those
areas where urban services are currently available or reasonably obtainable before
committing alternate areas to residential use. Section 22-2-190.C (R.Goal 3.) — Urban
residential uses 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 growth nodes,or where adequate infrastructure and services are
currently available or reasonably obtainable. Section 22-2-190.C.1 (R.Policy 3.1) — The
County should encourage an efficient form of urban residential development by directing
urban residential growth to those areas where urban services and infrastructure are currently
Ridgeview Farms PUD 2
available or reasonably obtainable. Section 22-2-60 (A.Goal 2) and Section 22-2-210
(PUD.Goal.2) -- Conversion of agricultural land to urban scale residential, commercial and
industrial uses will be considered 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 goal is intended to address conversion of
agricultural land to minimize the incompatibilities that occur between uses in the A
(Agricultural) Zone District and other zoned districts that allow urban uses. In addition, this
goal is expected to contribute to minimizing the costs to County taxpayers of providing
additional public services in rural areas for uses that require services on an urban scale.
The proposed location for this subdivision is not located in any of the defined urban areas,
and the site is unable to be served by urban infrastructure such as municipal sanitary sewer.
Further, development at the site as proposed would create an expectation of future residents
for urban service levels.
B. Section 27-6-120.8.6.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.
1) Section 27-2-30, Buffering and screening—Uses, buildings or structures within and adjacent
to a PUD Zone District shall be adequately buffered and screened to make their appearance
and operation harmonious with the surrounding uses.
The proposed site is adjacent to State Highway 392 and County Road 35. Both are highly
traveled roadways which pose a significant impact to the residents of Ridgeview Farms. Both
roadways are expected to expand in the future. The current landscape plan offers little
mitigation.Conditions of approval require a detailed Landscape/Screening Plan for a perimeter
treatment to ensure that buffering and screening is provided to effectively shield the subject
lots that are adjacent to State Highway 392 and County Road 35.
2) Section 27-2-40, Bulk requirements— The normal bulk requirements for minimum setback,
minimum offset, minimum lot size, minimum lot area per structure, maximum height of
buildings and lot coverage may be varied as specified in a PUD final plan.
The applicant has chosen to adhere to the bulk requirements of the E (Estate)Zone District
except for minimum lot size which was proposed at 1.5 acres and offset requirements for the
pedestrian shelter. Planning Staff has indicated in the Change of Zone comments that, if
approved, the minimum lot size shall be 1.75 acres as indicated on the plats. Further, the
offset for the pedestrian shelter shall be ten (10)feet to allow for its safe and reasonable use
and the development sign proposed to be located within the entrance median will not be
required to meet the required offset from Ridgeview Drive.
3) Section 27-2-50, Circulation—Development within a PUD Zone District shall be designed and
constructed to include adequate, safe and convenient arrangements for pedestrian and
vehicular circulation, off-street parking and loading space. Pedestrian and vehicular
circulation shall relate to the circulation system external to a PUD Zone District. All streets
within the PUD Zone District, whether private or public, shall be designed and constructed to
meet the requirements of the Department of Public Works and Chapters 24 and 26 of this
Code, if applicable.
The applicant is proposing an urban scale development of 24 lot with interior roadways without
curb, gutter and sidewalk. This will not meet the County's standards for an urban scale
development. The site lies within the City of Greeley Long-Range Expected Growth Area
which includes lands anticipated to accommodate the City of Greeley's urban development
over the next 20 years. The City has requested that the subdivision include curb and gutter.
Ridgeview Farms PUD 3
Further, the open space includes a trail system that requires accessing upon the interior
roadway. For pedestrian safety, sidewalks must be included.
4) Section 27-2-60, Common open space is defined as any usable parcel of land or water
unimproved and set aside, dedicated, designated or reserved for public or private use or for
the use and enjoyment of owners or occupants of land adjoining or neighboring such area.
Common open space includes landscape areas that are not occupied by buildings or uses
such as storage or service areas, private courtyards, parking lots and islands. In all PUD
districts, except for those containing residential uses, common open space may include
landscape setbacks adjacent to roadways, where the setbacks are not utilized as parking or
storage areas. The amount and type of common open space provided in a PUD Zone District
shall be proportional to the intensity of the zone districts called for in the PUD or uses specified
in the application, unless specifically delineated in Chapter 26. Common open space shall be
designed to be useful to the occupants and/or residents of the PUD Zone District for
recreational and scenic purposes.
Section 27-6-80 of the Weld County Code 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."The applicant has included the
future road rights-of-way for State Highway 392 and County Road 35 in his open space
calculation.The open space will fall short of the requirement upon expansion of the roadways.
5) Section 27-2-190, Urban scale development—Urban scale developments are developments
exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions,
municipal boundaries or urban growth corridors and boundaries. All urban scale
developments shall pave the internal road systems of the development. Urban scale
development requires support services such as central water,sewer systems,road networks,
park and recreation facilities and programs, and storm drainage. This definition does not
affect or apply to those coordinated planning agreements between the County and
municipalities which are in effect as of May 14, 2001.
The proposed location for this subdivision is not located in any of the defined urban areas,
and the site is unable to be served by urban infrastructure such as municipal sanitary sewer.
Further, the applicant is proposing interior roads without curb, gutter and sidewalk.
C. Section 27-6-120.8.6.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 site lies within the referral boundary for the City of Greeley and the Town of Eaton. The Town
of Eaton indicated no conflict with the Change of Zone application. However,in a referral response
received at the sketch plan phase the Town stated"We are concerned the County's policy of new
subdivisions should be in or adjacent to existing cities and towns is no longer valid. Is this the
case?"
In a referral dated November 16, 2005, the City of Greeley indicated that curb and gutter
requirements should not be waived,and they asked for an internal stub street to assure connectivity
with future subdivisions and minimize access points to the adjacent high volume roads. Further,
they supported a perimeter treatment plan to ensure that buffering and screening is provided to
effectively shield the subject lots that are adjacent to State Highway 392 and County Road 35.
D. Section 27-6-120.8.6.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 11, Chapter
27.
Ridgeview Farms PUD 4
The proposed location for this subdivision is not located in any of the defined urban areas,and the
site is unable to be served by urban infrastructure such as municipal sanitary sewer.
E. Section 27-6-120.B.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.
In a referral response dated December 20, 2005, the Colorado Department of Transportation
indicated that when the traffic from Ridgeview Farms is added to the existing volumes,warrants are
triggered for improvements to the intersection of State Highway 392 and County Road 35.
The Weld County Department of Public Works has indicated in a referral dated January 24, 2006
that after further review of the Traffic Impact Study (TIS) by Eugene G. Coppola, P. E., dated
September 12, 2005, and consultation with Gloria Hice-Idler of the Colorado Department of
Transportation (CDOT), the Public Works Department is recommending Ridgeview Farms be
required to participate in the cost of a left turn lane on the south leg of WCR 35 at SH 392.
The TIS shows current PM peak hour turns at 10 and sight generated PM peak hour turns at 4,for
a total of 14. The CDOT Access Code warrant for a Left turn lane is 10 turns. Since the warrant
is clearly met and the Ridgeview development will add 4 turns,or 29%,the applicant should share
in 29% of the cost to construct a left turn lane.
Based on similar construction,we estimate the cost for the left turn lane to be between$50,000 and
$75,000. Construction plans for the left turn lane will not be required. However, as part of the
construction plans for the development, the left turn lane design and associated widening should
be shown. Also, a construction estimate for the left turn lane should be provided.
The applicant should enter into a separate escrow agreement because construction of the left turn
lane is not eminent. The term of the agreement will be for 10 years and if construction does not
take place the funds will be returned to the applicant. The amount to be deposited in the escrow
account should be 29% of the construction cost estimate. After construction of the left turn lane,
partial reimbursement may be available in accordance with the Improvements Agreement,Section
5.0, Off-Site Improvements Reimbursement Procedure.
F. Section 27-6-120.B.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The submitted Specific Development Guide does not accurately reflect the performance standards
and allowed uses described in the proposed zone district as follows:
1) Section 27-6-70, site design — The intent of is to ensure that the PUD is established with
consideration to the site's advantages and limitations, as well as the compatibility of the
development to adjacent sites. The design of the site should consider all existing features,
both natural and man-made, to determine those inherent qualities that give the site and the
surrounding area its character.
The applicant has not provided evidence that conflicts with the oil and gas lease areas,
existing gas line or the surrounding roadways have been or can be adequately addressed.
2) Section 27-6-90, signage—The Change of Zone application materials did not include a set of
sign standards as required by Section 27-6-90.E .
The applicant is requesting that the Final Plan be administratively reviewed. The Department of
Planning Services is not support this request. Because of the many outstanding issues, Planning
Staff recommends that the Final Plan be reviewed by the Board of County Commissioners.
Ridgeview Farms PUD 5
This denial recommendation is based upon compliance with Chapter 27 requirements.
Should the Planning Commission choose to approve the Change of Zone from A (Agricultural) to PUD for
24 residential lots and 9.7 acres of open space, the Department of Planning Services recommends the
following be included as Conditions of Approval:
1. Prior to Scheduling the Board of County Commissioners hearing:
A. The applicant shall either submit to the Department of Planning Services a copy of an agreement
with the properties'mineral lessees stipulating that the oil and gas activities have adequately been
incorporated into the design of the site or indicate the 400' x 400' and the 800' x 800' drilling
envelope locations per state statute. (Department of Planning Services)
B. County Road 35 serving this development is paved and under the jurisdiction / maintenance of
Weld County. The applicant shows an access road adjacent to County Road 35 extending to
ditches and oil/gas facilities in the vicinity of the development. This access road must be located
outside the future minor arterial 110-foot right-of-way. The applicant shall address the possibility
of the public accessing this 'utility' road, since it extends around the perimeter of the proposed
development. The ditch company and oil / gas company must be contacted to address the
proposed'utility'access road. This road shall be called out on the plat as an access easement and
shall be located within the open space. (Departments of Public Works)
C. The applicant has submitted a tentative agreement with the Ogilvy Irrigating and Land Company
which states that a formal agreement shall be enter into. The applicant shall submit to the
Department of Planning Services a copy of an agreement with the Ogilvy Ditch Company stipulating
that the ditch activities have adequately been incorporated into the design of the site.(Department
of Planning Services)
D. Application materials state that the applicant will be relocating the Duke Energy gas line and meter
house within the perimeter landscape buffer. The plat shall be amended to show the current and
future location of the gas line. Further, the applicant shall submit a signed agreement with Duke
Energy for the relocation of the gas line and meter house. (Department of Planning Services)
E. The plat shall be amended to include the required 15%open space outside of the future road rights-
of-way for State Highway 392 and County Road 35. (Department of Planning Services)
2, 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-1090. (Department of Planning Services)
2) County Road 35 is classified by the County as a minor arterial road (Weld County Roadway
Classification Plan, June 2002) adjacent to the proposed development requiring a 110-foot
right-of-way. The applicant shall verify the existing right-of-way and the documents creating
the right-of-way shall be noted on the change of zone plat. If the existing right-of-way cannot
be verified, it will be dedicated on the final plat. (Department of Public Works)
3) State Highway 392 is under the jurisdiction and maintenance of CDOT adjacent to this
development. The applicant shall verify the existing right-of-way and the documents creating
the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be
verified, it will be dedicated on the final plat. State Highway 392 is paved. The applicant shall
coordinate with CDOT concerning right-of-way and any required roadway improvements.
(Department of Public Works)
Ridgeview Farms PUD 6
4) The plat shall delineate the location of the proposed access road for the existing ditches and
oil/gas facilities in the vicinity of the development. This access road must be located outside
the future minor arterial 110-foot right-of-way. This road shall be called out on the plat as an
access easement and shall be located within the open space. (Departments of Public Works
and Planning Services)
5) The detention pond shall be incorporated into Outlot A which will be owned and maintained
by the Homeowner's Association. (Department of Planning Services)
6) The plat shall designate a future bus/mail pull-off area and additional open space adjacent to
Lot 1 for relocating the facilities upon the expansion of County Road 35. (Department of
Planning Services)
7) The applicant shall submit a recorded copy of the agreement with the Cache La Poudre
Irrigating Company regarding the Greeley#2 Canal. (Department of Planning Services)
8) The plat shall delineate the required building setback from the existing oil and gas structures
south of the site in accordance with Section 23-3-440.L of the Weld County Code.
(Department of Planning Services)
9) Internal roads shall meet Weld County criteria for a PUD. The internal roadway right-of-way
shall be sixty (60) feet in width including cul-de-sacs with a sixty-five (65) foot radius, and
dedicated to the public. Curb, gutter and sidewalk are required. (Department of Planning
Services)
B. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. The Change of Zone is conditional upon the following and that each shall be placed on the Change of
Zone plat as notes prior to recording:
A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for twenty-
four (24) residential lots and open space as indicated in the application materials on file in the
Department of Planning Services. The lots will adhere to the uses allowed in the E (Estate)Zone
District except for minimum lot size which shall be 1.75 acres, offset requirements for the
pedestrian shelter which shall be ten(10)feet and the development sign located within the entrance
median will not be required to meet the required offset from Ridgeview Drive. 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 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)
D. The internal roadways of gated communities shall be maintained by the Homeowners Association.
(Department of Public Works)
E. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways within
subdivision that are not maintained by the County. (Sheriff's Office)
F. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
Ridgeview Farms PUD 7
G. Water service shall be obtained from North Weld County Water District. (Department of Public
Health and Environment)
H. 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)
I. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes
must meet all setbacks, including the 100-foot setback to any well. (Department of Public Health
and Environment)
J. 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)
K. 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)
L. 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)
M. 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)
N. 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)
O. A separate building permit shall be obtained prior to the construction of any structure including the
electronic gates,development sign and pedestrian shelter.(Departments of Building Inspection and
Planning Services)
P. 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 permit. Residential building plans may be
required to bear the wet stamp of a Colorado registered architect or engineer. (Department of
Building Inspection)
Q. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2003 International Residential Code;2003
International Building Code; 2003 International Mechanical Code; 2003 International Plumbing
Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
R. 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
Ridgeview Farms PUD 8
�., Inspection)
S. 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)
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 requirements. When
measuring buildings to determine offset and setback requirements, buildings 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)
U. Groundwater may impact construction of basements. Basement construction shall only be allowed
where basement subgrade is 3 feet above groundwater level. (Department of Planning Services)
V. All signs shall adhere to Section 23-4-80 and Section 23-4-110 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs. (Department of Planning Services)
W. 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)
X. 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 2002-11) (Department of Planning Services)
Y. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of
Planning Services)
Z. 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)
AA. 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)
BB. 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)
CC. 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)
DD. 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
Ridgeview Farms PUD 9
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)
EE. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within 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. Prior to submitting the Final Plan application:
A. The applicant shall contact Lin Dodge with the Weld County Building Inspection Department to
obtain preliminary addresses for the lots. (Department of Planning Services)
7. 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 by
County Staff and shall be approved by the Board of County Commissioners prior to recording the
final plat. (Department of Planning Services)
B. The applicant shall submit draft covenants for review by County Staff.The covenants shall address
comments made by the Weld County Sheriff's Office. As requested by the Weld County
Department of Public Health and Environment, 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. Further, the covenants shall address uses which
are limited by the agreement with the Cache La Poudre Irrigation Company. (Departments of
Planning Services and Public Health and Environment, Weld County Sheriff's Office)
C. The Cache La Poudre Irrigation Company has asked to review the landscaping, fencing and trail
design along the Greeley#2 Canal.The applicant shall submit written evidence that the Cache La
Poudre Irrigation Company has reviewed the Landscape Plan, trail construction and fencing and
that ditch activities have adequately been incorporated into the design of the site. (Department of
Planning Services, Cache La Poudre Irrigation Company)
D. The applicant shall submit written evidence that the Ogilvy Ditch Company has reviewed the
Landscape Plan and that ditch activities have adequately been incorporated into the design of the
site. (Departments of Planning Services and Public Works)
E. The applicant shall submit a detailed Landscape/Screening Plan which includes a perimeter
treatment to ensure that buffering and screening is provided to effectively shield the subject lots that
are adjacent to State Highway 392 and County Road 35. The plan shall specify size, type and
method of planting for all live landscaping material.The Plan shall also show any proposed fencing
Ridgeview Farms PUD 10
adjacent to existing ditches. New permanent landscaping such as trees, trail or fencing shall not
be placed within the existing or future road rights-of-way. (Department of Planning Services, City
of Greeley)
F. All copies of the final plan application shall include a copy of the preliminary street name and
addressing as obtained from the Weld County Building Inspection Department. (Department of
Planning Services)
G. The final plat shall include details on the bus turnout and future bus turnout (upon the expansion
of County 35) to ensure the requirements of the Eaton School District have been met. The bus
turnout shall provide additional right-of-way equal to the dimensions of the bus turnout. This
right-of-way shall be added to County Road 35 adjacent to the bus turnout and dedicated on the
final plat. Also the plat shall delineate the well pump within the school pull-off area which may be
necessary for fire flow. Evidence shall be submitted from the Eaton School District and the Eaton
Fire Protection District that the shared turnout meets their requirements.(Departments of Planning
Services and Public Works, Eaton School District, Eaton Fire Protection District)
H. The applicant shall include evidence in the final plan application that the appropriate postal district
has reviewed the preliminary addressing and interior street name. (Department of Planning
Services)
The applicant shall submit evidence that the gated access has been approved by all emergency
service providers. (Department of Public Works)
J. Easements shall be shown on the final plat in accordance with County standards(Sec.24-7-60)and
/or Utility Board recommendations. (Department of Public Works)
K. Intersection sight distance triangles at the development entrance(s) will be required. All
landscaping within the triangles must be less than TA feet in height at maturity, and noted on the
final roadway plans. (Department of Public Works)
L. 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)
M. 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)
N. 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 final drainage report
shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall
reference the specific map panel number, including date. The development site shall be located
on the copy of the FEMA map. (Department of Public Works)
O. 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)
P. Final drainage construction and erosion control plans(conforming to the drainage report)stamped,
Ridgeview Farms PUD 11
signed and dated by a professional engineer licensed in the State of Colorado shall be submitted
with each final plan (phase) application. These plans (stormwater management plans) may be
based on Urban Drainage methodology. (Department of Public Works)
8. Prior to recording the final plat:
A. 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)
B. The applicant shall enter into a separate escrow agreement for the left turn lane on the south leg
of County Road 35 at State Highway 392 because construction of the left turn lane is not eminent.
The term of the agreement will be for 10 years and if construction does not take place the funds
will be returned to the applicant. The amount to be deposited in the escrow account should be 29%
of the construction cost estimate. After construction of the left turn lane,partial reimbursement may
be available in accordance with the Improvements Agreement,Section 5.0,Off-Site Improvements
Reimbursement Procedure. (Department of 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 finalized covenants and the appropriate recording fee (currently$6 for
the first page and $5 for each additional page) to the Department of Planning Services.
(Department of Planning Services)
E. The applicant shall submit a copy of a finalized Water Service Agreement between the applicant
and North Weld County Water District for service to the PUD. (Department of Planning Services,
Division of Water Resources)
F. The applicant shall submit evidence that all Eaton Fire Protection District requirements have been
met. (Eaton Fire Protection District)
G. The applicant shall submit evidence that the requested cash-in-lieu of land dedication fee has been
paid to the Eaton School District. (Department of Planning Services, School District RE-4)
H. The bus turnout shall provide additional right-of-way equal to the dimensions of the bus turnout.
This right-of-way shall be added to County Road 35 adjacent to the bus turnout and dedicated on
the final plat. (Department of Public Works)
I. County Road 35 is classified by the County as a minor arterial road (Weld County Roadway
Classification Plan, June 2002) adjacent to the proposed development requiring a 110-foot
right-of-way. If the existing right-of-way cannot be verified, it will be dedicated on the final plat.
(Department of Public Works)
J. 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)
9. Prior to the release of collateral:
A. The applicant shall submit recorded deeds which transfer ownership of the open space to the
Homeowners Association. (Department of Planning Services)
Ridgeview Farms PUD 12
Page 1 of 1
Sheri Lockman
From: Robb R Casseday [robb@CassedayCreativeDesigns.com]
Sent: Thursday, December 29, 2005 5:26 PM
To: Sheri Lockman
•
Cc: brad@keirnes.com
Subject: Continuance Ridgeview Farms PUD
Sheri:
We would like to request that the Ridgeview Farms PUD originally scheduled for a hearing on
Tuesday,January 3`d,2006 be continued to no later than February 7th,2006. This continuance request
is a result of Bonanza Creek Oil Company selling the Mineral Leasehold to Texas American Resources
and the requirement by State Statue that the leaseholder have 30-day notification.
I will await the Planning Commission's decision to notify the new Leaseholder.
Best Regards,
Robb R.Casseday
Architect/Planner
Casseday Creative Designs, LLC
55 South Elm Avenue, Suite 210
Eaton, CO 80615
(970)454-8740
(970)454-8742 fax
(970)381-6022 awhile
robb@cassedayereatived esigns,corn
www.cassedaycreativedesigns.com
CONFIDENTIALITY NOTICE: This e-mail is intended solely for the person or entity to which it is addressed and may contain
confidential and/or privileged information. Any review,dissemination, copying,printing or other use of this e-mail by persons or entities
other than the addressee is prohibited. If you have received this e-mail in error,please contact the sender immediately and delete the
material from your computer.
12/30/2005
L ...--
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE,•--. 6:1t918 10TH Street
GREELEY, CO 80631
lillitiPHONE: (970) 353-6100, Ext. 3540
IFAX: (970) 304-6498
Willie SOUTHWEST OFFICE
4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
October 31, 2005
Ridgeview Farms
do Rob Cassaday
55 S. Elm Ste. 210
Eaton CO 80631
Subject: PZ-1090- Request for a Change of Zone from A(Agriculture)to PUD(Planned Unit Development)for 24
Residential lots and 9.7 acres of open space on a parcel of land described as Part NE4 of Section 23,T6N,
R66W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission forJanuary 3,2006,at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 918 10'h 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 Eaton and Greeley Planning Commission for their review and
comments. Please call Eaton at 970-454-3338 and Greeley at 970-350-9780 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 Eaton and Greeley
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.
Ref// //ectfully /J/�q
' Shen Lockman
Planner
S�-
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS January 23, 2006 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
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I, Voneen Macklin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
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COMMISSIONERS HEARING FOR PZ-1090 IN THE A (AGRICULTURAL) ZONE DISTRICT.
Voneen Macklin
Name of Person Posting Sign
Signature of Person Posting Sign
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Notary Public
BILLIE J. MOORE
NOTARY PUBLIC
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PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS DECEMBER 19, 2005. 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, VONEEN MACKLIN, 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-1090 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
VONEEN MACKLIN
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD n Iy1n/ � �
The foregoing instrument was subscribed and sworn to me this /(S/ day f CIA11 J//2003!
WITNESS my hand and official seal.
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FIELD CHECK Inspection Date: a/ 10.5
PLANNER: S Lockman
APPLICANT:Ridgeview Farms, LLC - Bradley Keirnes, Manager CASE#: PZ-1090
REQUEST: Change of Zone from A(Agricultural)to PUD (Planned Unit Development)for 24
residential lots and 9.7 acres of open space
LEGAL: Part NE4 Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County,
Colorado
LOCATION: South of and adjacent to State Highway 392 and west of and adjacent to County Road 35
PARCEL ID #: 0805 23 000017 ACRES: 63.34 +/-
Zoning / Land Use
N (A :rA�.P.ct (I r Ci! e 1 N 4.G,atthAd za//�ipf.a;lnt,tcm /7iut uk .
E � E
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Comments: �/ 4�2� 4,0 ditdte,QJ o - L14 Gant a'MI //'r o - Aido.
JYc
/(7-64mdt,e,
Signature
❑ House(s) ❑ Derelict Vehicles
❑ Outbuilding(s) o Non-commercial junkyard (list components)
o Access to Property o Irrigation Sprinkler
o Crop Productions o Crops
o Site Distance ❑ 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