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HomeMy WebLinkAbout20060740.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Soaring Skies Ventures, LLC do Case Number PZ-1099 Tim Halopoff Submitted or Prepared Prior to At Hearing Hearing N 1 Staff Comments X Department of Planning Services Field Check Form Letter to Applicant Affadavit of sign posting Legal Notifications 2 Application X Maps Deed/Easement Certificate Surrounding Property/Mineral Owners Utilities 3 Referral List X Referrals without comment Boxelder Sanitation, referral received 10/21/2005 Weld County School District RE-4, referral received 11/2/2005 Town of Severance, referral received 10/19/2005 Larimer County, referral received 10/20/2005 ' 4 Referrals with comments X Weld County Department of Public Health & Environment, referral received 11/10/2005 Weld County Department of Public Works, referral received 11/8/2005 Weld County Sheriff's Office, referral received 10/31/2005 Weld County Department of Building Inspection, referrals received 10/21/2005 Weld County Department of Building Inspection, addressing, referral received 11/1/2005 North Poudre Irrigation Company, referral received 10/27/2005 Colorado Division of Water Resources, referral received 10/26/2005 Weld County Code Compliance, referral received 10/14/2005 N' 5 PC Exhibits a email and plats from Timothy Halopoff Nit b Letter dated December 5, 2005 from Woodrow&Sobel, P.C. EX�IIBIT N 2006-0740 N, c Letter dated December 6, 2005 from Wolfe Van Ackern&Cuypres LLP k I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the ing/�//�y//l/n/.f9� ,r i ` sched�n�/jf Commissioners hearing. Sheri Lockman❖ Planner 4(1(41�1 LAND USE APPLICATION 0 SUMMARY SHEET Willie. PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO` CASE NUMBER: PZ-1099 HEARING DATE: December 6, 2005 PLANNER: S. Lockman APPLICANT: Soaring Skies Ventures, LLC c/o Tim Halopoff ADDRESS: 2819 Seccomb Street, Fort Collins, CO 80526 REQUEST: Change of Zone from A(Agricultural)to PUD (Planned Unit Development) for nine (9) residential lots open space and oil and gas production. (Sorrel Ridge) LEGAL Lot B of RE-3685 being part of the S2 of Section 5, Township 7 North, Range 67 DESCRIPTION: West of the 6'" P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 15; approximately 1/4 mile north of County Road 84 ACRES: 54.63+/- PARCEL NUMBER: 0705 05 300018 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 11/10/2005 • Weld County Sheriffs Office, referral received 10/31/2005 Weld County Department of Public Works, referral received 11/8/2005 • Weld County Department of Building Inspection, referrals received 10/21/2005 • Weld County Department of Building Inspection, addressing, referral received 11/1/2005 • Weld County Code Compliance, referral received 10/14/2005 • Colorado Division of Water Resources, referral received 10/26/2005 • Town of Severance, referral received 10/19/2005 • Larimer County, referral received 10/20/2005 • Weld County School District RE-4, referral received 11/2/2005 • North Poudre Irrigation Company, referral received 10/27/2005 • Boxelder Sanitation, referral received 10/21/2005 The Department of Planning Services' staff has not received responses from the following agencies: • Colorado Division of Wildlife • Poudre Fire Authority • North Weld County Water District • Anadarko Sorrel Ridge PUD 1 . EXHIBIT, ♦♦♦♦I ` kt CHANGE OF ZONE I ''�� ADMINISTRATIVE RECOMMENDATION wuvc. COLORADO CASE NUMBER: PZ-1099 HEARING DATE: December 6, 2005 PLANNER: S. Lockman APPLICANT: Soaring Skies Ventures, LLC c/o Tim Halopoff ADDRESS: 2819 Seccomb Street, Fort Collins, CO 80526 REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development)for nine (9) residential lots open space and oil and gas production. (Sorrel Ridge) LEGAL Lot B of RE-3685 being part of the S2 of Section 5, Township 7 North, Range 67 DESCRIPTION: West of the 6'" P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 15; approximately 1/4 mile north of County Road 84 ACRES: 54.63+/- PARCEL NUMBER: 0705 05 300018 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of the Weld County Code. 2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as follows: A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23(Zoning), Chapter 24 (Subdivision) and Chapter 26(Mixed Use Development)of the Weld County Code. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure the health,safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by North Weld County Water District and Individual Sewage Disposal Systems will handle the effluent flow. B. Section 27-6-120.6.b- The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article Il, Chapter 27 of the Weld County Code. The applicant has met the performance standards as delineated in Section 27-2-10. Sorrel Ridge PUD 2 C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is within the three mile referral area for the Town of Severance and Larimer County.Both indicated no conflict with their interests in referral response. D. Section 27-6-120.6.d-That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article II the Weld County Code. The proposed PUD will be serviced by North Weld County Water District and Individual Sewage Disposal Systems will handle the effluent flow. E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Department of Public Works has not required improvements to County Road 15. F. Section 27-6-120.6.f-An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. Conditions of approval ensure that the applicant will complete an on-site(Public)Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code, prior to recording the final plat. G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts,commercial mineral deposits, and soil conditions on the subject site. The site does not lie withing an overlay district. The Weld County Department of Building Inspection has indicated that each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. 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. Effective August 1,2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district, as described previously. This approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from A (Agricultural) to PUD for nine(9)residential lots is conditional upon the following: 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 owners and 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) Sorrel Ridge PUD 3 B. Application materials state that the applicant intends to create a 35'easement for the Cactus Hill Lateral Ditch through a separate easement agreement. The applicant shall either submit to the Department of Planning Services a copy of an agreement with North Poudre Irrigation Company stipulating that the ditch activities have adequately been incorporated into the design of the site or indicate how the concerns of the ditch company have been addressed. (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-1099. (Department of Planning Services) 2) The applicant shall submit evidence that the following requirements have been satisfied to the satisfaction of the Weld County Department of Public Works: a) County Road 15 is recognized as a County local paved roadway(60-foot right-of-way) adjacent to the west boundary of the proposed development. Public Works asks the applicant to verify the existing section line right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the section line right-of-way cannot be verified, it will be dedicated on the final plat. (Department of Public Works) b) 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. The typical section of interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat. The cul-de-sac edge of pavement radius shall be fifty (50) feet. Stop signs and street name signs will be required at all intersections. Roadside drainage shall be contained within the right-of-way.The change of zone plat shall be amended to include the typical roadway cross-section, and resubmitted to Public Works. (Department of Public Works) c) The applicant shall submit the standard detail for the corner of the internal road to The Department of Public Works. (Department of Public Works) d) The proposed internal road is longer than Weld County Code's permitted block length, therefore the applicant shall be required to install an "eyebrow"turn-around at some strategic midpoint in the alignment,or propose some other alternative to be approved by the Department of Public Works and the local emergency response districts. (Department of Public Works) e) All reference to Shepherds Hill Estate shall be changed to Sorrel Ridge. (Department of Planning Services) 3) An outlot shall be created in the median so that the development sign can be on property owned and maintained by the Homeowners Association. (Department of Planning Services) 4) The plat shall indicate the location of the development sign in the median and verify that the required ten (10)foot setback from the road right of way can be met. (Department of Planning Services) 5) The applicant has proposed to put the cluster mailbox and pedestrian shelter within the road right-of-way at the entrance of the development. The applicant shall submit a Sorrel Ridge PUD 4 reconfigured plat for review and approval by County Staff. The plat shall position the mailbox and pedestrian shelter on an outlot which will be owned and maintained by the Homeowners Association.The applicant shall submit evidence that the school and postal district have approved the new locations for the pedestrian shelter and mailbox. (Department of Planning Services) 6) The Poudre Fire Authority has required an emergency fire lane of asphalt or concrete. The plat shall be amended to show the emergency fire lane as a separate outlot to be owned and maintained by the Homeowners Association. (Department of Planning Services) 7) The Plat Certificates shall be amended in accordance with Appendix 26-P of the Weld County Code. (Department of Planning Services) 8) The Vicinity and Land Use Map (Page 3 of 3)and the Change of Zone Map (Page 2 of 3) shall be incorporated into one Change of Zone Map in accordance with Section 27-9-20 of the Weld County Code. (Department of Planning Services) 9) The Change of Zone Map shall be done to a commonly recognized scale such as 1"=100'. (Department of Planning Services) 10) The Change of Zone plat shall have one vicinity map which is in accordance with Section 27-9-10.1 of the Weld County Code. (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 nine (9) residential lots, open space and oil and gas production as indicated in the application materials on file in the Department of Planning Services. The residential lots will adhere to the uses allowed in the E (Estate) Zone District. The PUD will be subject to and governed by the Conditions of Approval stated herein and all applicable Weld County Regulations. (Department of Planning Services) B. All landscaping within the site distance triangles must be less than 31 feet in height at maturity. (Department of Planning Services) C. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Departments of Planning Services and Public Health and Environment) E. Water service shall be obtained from North Weld County Water District. (Department of Public Health and Environment) F. This subdivision is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. Septic systems shall be designed for site specific conditions including, but not limited to, shallow groundwater, bedrock, gravel and/or clay. (Department of Public Health and Environment) Sorrel Ridge PUD 5 G. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water 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) H. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) I. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) J. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) K. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways within sub- divisions which are not maintained or adopted by the County. (Sheriffs Office) L. Oil and gas production facilities within this subdivision shall be fenced off in order to mitigate the potential for tampering. (Sheriffs Office) M. Building permits shall be obtained prior to the construction of any building. (Department of Building Inspection) N. A plan review is required for each building for which a building permit is required.Plans shall bear the wet stamp of a Colorado registered engineer or architect. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) O. 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 Building Code; 2003 International Mechanical Code;2003 International Plumbing Code;2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) P. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) Q. Building height shall be measured in accordance with the applicable Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) R. Prior to construction, property owners should contact the Poudre Fire Authority to determine if a fire sprinkler systems will be required. (Department of Planning Services J'^ S. All signs including entrance signs shall require building permits.Signs shall adhere to Section 23- Sorrel Ridge PUD 6 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) T. 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) U. Effective August 1,2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) V. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) W. 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) X. 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) Y. 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) Z. 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) AA. The applicant shall comply with Section 27-8-50 Weld County Code,as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) BB. 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. Sorrel Ridge PUD 7 (Department of Planning Services) 6. At the time of Final Plan submission: A. The applicant shall submit an Improvements Agreements According to Policy Regarding Collateral For (on-site) Improvements with the final plan application. This agreement must be reviewed by County Staff and shall be approved by the Board of County Commissioners prior to recording the final plat. (Departments of Public Works and Planning Services) B. The applicant shall submit preliminary covenants for review by County staff.As requested by the Weld County Department of Public Health and Environment, the covenants shall caution future owners that should a secondary absorption field become necessary prior to Boxelder Sanitation availability,associated outbuildings could impede the placement of that field.The covenants shall also address maintenance of roadways until such time that the County may accept maintenance as requested by the Weld County Sheriff's Office. Further,the comments made by the Colorado Division of Wildlife in the referral response dated August 2, 2005, concerning fencing, construction dates, leash laws, nuisance wildlife and a weed plan shall be addressed. (Departments of Public Health and Environment, Planning Services and Sheriff's Office) C. All copies of the final plan application shall include a copy of the proposed street name and addressing as indicated in the referral response from Lin Dodge, Building Technician, Weld County Building Inspection. (Department of Planning Services) D. The applicant shall include evidence in the final plan application that the appropriate postal district has reviewed the proposed addressing and interior street name. (Department of Planning Services) E. The applicant shall submit a detailed Landscape Plan for review and approval. (Department of Planning Services) F. The applicant must provide a pavement design prepared by a professional engineer along with the final plat submittal. (Department of Public Works) G. Easements shall be shown on the final plat in accordance with County standards (Section 24-7-60) and /or Utility Board recommendations.(Department of Public Works) H. Intersection sight distance triangles at the development entrance(s) will be required. All landscaping within the triangles must be less than 3%feet in height at maturity,and noted on the final roadway plans. (Department of Public Works) I. 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) J. Stop signs and street name signs will be required at all intersections and shown as a signing plan on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices (MUTCD)shall govern the signing plan. (Department of Public Works) K. 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) Sorrel Ridge PUD 8 L. 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. Note uphill drainage on west curb line of southbound lane of Shepherds Hill Drive,adjacent to proposed Lot 7(shown on PUD Sketch Plan—Drainage Report for Shepherds Hill Estates by JR Engineering, dated June 15, 2005). (Department of Public Works) M. Final drainage construction and erosion control plans (conforming to the drainage report) stamped,signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with each final plan(phase)application. These plans(stormwater management plans) may be based on Urban Drainage methodology. (Department of Public Works) 7. Prior to recording the final plat: A. The applicant shall submit written evidence from School District RE-4 to the Department of Planning Services which indicates that all School District requirements have been met. (Department of Planning Services) B. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements(on site). The agreement shall be approved by the Board of County Commissioners. (Departments of Planning Services and Public Works) C. The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the state. (Department of Planning Services) D. The applicant shall submit 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 and Division of Water Resources) E. 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. (Department of Planning Services) F. County Road 15 is recognized as a County local paved roadway(60-foot right-of-way)adjacent to the west boundary of the proposed development. If the section line right-of-way cannot be verified, it will be dedicated on the final plat. (Department of Public Works) G. The applicant shall submit evidence that the mineral rights purchased from Andarko have been deeded to the Homeowners Association. (Department of Planning Services) H. 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) 8. Prior to release of collateral: A. The applicant shall submit evidence that ownership of the outlot(s) has been transferred to the Homeowners Association. (Department of Planning Services) Sorrel Ridge PUD 9 (11\ 14,4 DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 October 13, 2005 Soaring Skies Ventures do Timothy Halopoff 2819 Seccomb Street Fort Collins, CO 80526 Subject: PZ-1099- Request for a Change of Zone from A (Agriculture) to PUD for nine (9) residential lots (Shepherds Hills Estates)on a parcel of land described as Lot B of RE-3685; Pt S2 of Section 5,T7N, R67W 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 for December 6, 2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Severance Planning Commission for their review and comments. Please call Severance at 970-686-1218 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Severance Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, herma nn�ii�G Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS NOVEMBER 21, 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-1099 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 15yThe foregoing instrument was subscribed and sworn to me this a of ({37 20 WITNESS my hand and official seal. cult„ D 1 Notary Public f BILLIE J. MOORE NOTARY PUBLIC , J�/9 STATE OF COLORADO My Commission Expires: / / - I t )). it S 1!t 1 1 �j l�rua44; R i �� i1 7 ;PA 66( `� 1 '4'! l ' r i ��(L+p�. 1 '� ,1 ♦ t 1. f((,� 1j r +g S�}1�/ -, . 4i 11` ' �,': , if" 4, / '} 4 L iy \ R b .t1 �!'A •Y {"1/ 1 11 /P eoll] .i) / � `. !.. Iti4 I, n` �R 1 1 i T'f �, / d .�':1 ll 1�, 2� 1�� il',�rt�y Ir\3/j([� �t �i J 1` a s .i16/4"'.F %,"6":)"'I1 ' 4PtiMi P,: 1,;: 9 . ` . ' '' 191; \�y , 1 ,-, n r lY 1 1 y 4 1 Ihi'.1a� > i, til I.; , , ! Yj}Y-,'Zbv:.4 li \ (,4V , -i1 S ,' ,�}r � i� � VII 1 ,,r w1 i rp : A �, /, t';'� �� 1 f ' Wfa,: ,IIt{`4 air `. r�, l, ;it !!!Pc. NOTICE wise f>,%A. ' , ,. l ^1r`"1 14 :V l` .• . �',.r COLORADO : ]r.o I:n k . /( S. ... '',^� A� iii.`) ' 4' ' ' ' 1 i A PUBLIC HEARING CONCERNING �� ..4. ..d �` ,I+ �Pi ilk- ' t► 1 r `.q'� I 1 i fil pit ' 1 , li � ' 1 F <�tttit {< t . ,< <p 5 . THIS PROPERTY WILL BE HELD AT: '��P Nag.- • , ., A\ ' A l' �' '�� . ' Wc-Id axed) Plannlr[5 o✓tnlem; lie X07'` Sm'td ,k ip� i i 'f ril I� T I' ` 5 J r Ir .1 ? . 1' ON 4. rC,CnbC1 6 , 20 ,0,5 Ar ,`; •' ;, \ 1 Ili. NAME rtn3 'Shle,,5 Vcrduarec,PCIy/�/('_ 4 . . ' , 1 .,- , ` ' 1 I. REQUEST J, r �i ,9 residential lots ./, '� /1 , r '' /, , CASE NO. P2- 1099 >_ .5Y. 63 ACRES A ��-1::./c.fr .' I I ' FOIL MORE IJtFORMA;ION CALL 4/:>' I I �' WELD COUNtY DEPARTMENT OF s'' I \ ?PLANNING SERVICES AT ';:j it 4P GN I I ('370 )&53,.610e ext. 3540 "r' } ���,' � ',� , d " ';e 2005 / 11 / 18 iG� ' I .e- 1 "' l{al A Vii: / 4"/ r I 11 / 23 / 2005 _ • 1 • 11 / 23 / 2005 • - 16- '� f-_ -i • s - - ..rte 11 / 23 / 2005 it &' afi4 ,'S_ r.r { r ' .:3 .;, r-r 4 .•._ Y'-. .- - . t ‘,1•7 piJ �j •( `fir' > ' $ ( � �-:'�1 A • ;1iA � r'- 3 'J . I I 1 e , t. • f ., r j .. • • 11 / 23 / 2005 FIELD CHECK Inspection Date: 1017/0 5 PLANNER: S Lockman APPLICANT: Soaring Skies Ventures, LLC CASE#: PZ-1099 REQUEST: Change of Zone from A(Agricultural)to PUD for nine (9) residential lots (Shepherds Hill Estates) LEGAL: Lot B of RE-3685 being part of the S2 of Section 5, Township 7 North, Range 67 West of the 6th P.M.,Weld County, Colorado LOCATION: East of and adjacent to County Road 15; approximately 1/4 mile north of County Road 84 PARCEL ID#: 0705 05 300018 ACRES: 54.63+/- Zoning Land Use N CyAit ',� It(�l I LP;flial' , ler y � ; 0 E S S 4Ths W . q. �, n Gael" t� Comments: // /.jiateudivi"ady, S/9o,kttt,--/ILc, /kstaA, Signature o House(s) o Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property ❑ Irrigation Sprinkler o Crop Productions o Crops o Site Distance o Wetlands o Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. 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