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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 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 2Y r The foregoing instrument was subscribed and sworn to me thit J day of,J( p,�?I (Lt. / 200 WITNESS my hand and official seal. J1�'J "ALL ( MIL Notary Public BILLIE J. MOORE NOTARY PUBLIC My Commission Expires: l� (71c9/0(.0 STATE OF COLORADO . _� .. .. a`•..sat Psis i At r-$� - - — - ... . °. , y/p NOTICE 'pipe :-----, #-----: --- =0--...:.- — �- - Yren A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: r - e ,t�,., .r Alf a 4:0-7 � ,:p„.,.+Y. - w .. ice* fs f± W,. > '7l wkt;c 6 � e NAME __. — . .. l v++ij� �`a?At �LR''�t�ry'a'ri"Y�' - -i.iiiiii'-,,..„->;;Z#11.4;;;.:.2,�4g,^ .+'�6.. `. Ae'r°T`' t REQUEST t .wiy k ;10- ; � • a w �'• i,. �,;x FOR MORE INFORMATION CALL -1`1440-'11---c4}5,%:. .". .,..° w ` ,� .ge,.V WELD COUNTY DEPARTMENT OF •t < � � -„ PLANNING SERVICES AT + ` ` ° j k; �:7: (970)353-6100 ext. 3540 ft : .0 ' yet'' .a y✓tf CJs 4. #'�' " 'Yif46, t�' N 1.444 g( `� h .•r s • +` S . e . . 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"' Ir r 4'4 i ) C'.1 1. ;J: ..'; '" 1 .. � Y / Pv` - . 1 J t H n na Y ,„:1;:e:::.: S ;;.1;1 . 1 q'tkli / r7,. ./:.' 1/' - ,V In hI.J ti � p' + r ie .{y • • 1 `.. 1. 1 :.. ,. . ' 11 / 01 / 2005 : . -. _ i� - . . 11 / 01 / 2005 - - 'era . r — . �-. . , w. - _ v+• - •• ;..\\.-.-./.,` • rr - _ ., .. 1 lV/ 01 / 2005 _. r y 4„ ! i r . ! ' w 1 11 / 01 / 2005 re ris -Cat, --� - - 11 / 01 / 2005 SC_ 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. AsiEjlin r iteelka Notary Public G — B J. MOORS NOTARYILLIE PUBLIC /00(-4 ^ , STATE OF COLORADO My Commission Expires: 1 ▪ J. y 4& `. ..^tm 'TJ 4 v+e ? 1 Z .,,,t,,,,, ,;,.4-..' d+▪= ; i ,wa e:�y- "&„ pct *, E dx v R x yp� .41;fs .' - d_ .x5 }x . kk ,,,'x ;fit t �;g ". �,P 4 Y 3.3�.v' Li.k O. 5„i4 � „,..:'414.,:;,-44..,;.7‘4,-,,,,-,.„ �,,,� Y H < w :",tai= `*.:.Z a $ ' 4;} -�i-- a'I.�' i S. 4• 4,: x may, �'y J ix� 3.�h. 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Y Jrx- ,y - y ��{p * :. d -.,y, rte, ,?,y •. + -N, p 'F 7 ,,,mo• t' Jt a , `"' s+'"#ws ma.+�d4 �f,` 'i+^m ! a S� '`, { ,yf.; .{.c+y'x ah' e(vF . \ 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 W W 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