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HomeMy WebLinkAbout20021510 INVENTORY OF ITEMS FOR CONSIDERATION Applicant John Kadavy Case Number CZ 632 Cottonwood Falls PUD Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services Field Check Form X 4 Planning Commissioner Mokray Field Check Form X 5 Letter to Applicant X 6 Affadavit of sign posting X 7 Legal Notifications X 8 Application X 8A Pre-Advertisement Request X 9 Maps X t-. 10 Referral List X 11 Referrals without comment X Weld County Code Compliance, referral received 4-1-2002 State of Colorado, Division of Wildlife, referral received 4-5-2002 Referrals with comments 12 Weld County Department of Building Inspection, referral received X 3-22-2002 13 Platte Valley Fire Protection District, referral received 4-6-2002, X 5-18-2002 14 Weld County Sheriff's Office, referral received 4-10-2002 X 15 State of Colorado, Division of Water Resources, referral received X 4-15-2002, 5-23-2002 16 Weld County Department of Building Inspection (Addressing), X referral received 4-30-2002 17 Weld County Department of Public Works, referral received X 5-13-2002 and 5-17-2002 18 Weld County Department of Public Health & Environment, referral X received 5-15-2002, 5-21-2002 19 Weld County Schools District RE-7, referral received 5-17-2002 X 1;i. E7t4IBIT t 2002-1510 I e/022 *43a 20 Deed/ Easement Certificate X 21 Surrounding Property/ Mineral Owners X 22 Utilities X PC Exhibits 23 FEMA-Mitigation Directorate, Technical Bulletin 10-00 X 24 Digital Slide Presentation by Applicants Representative, 6-4-2002 X 25 Suggested Changes to COAs and DS for Case by applicant, 6-4-2002 X 26 I hereby certify that the 24 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Kim Ogle • Planner Ill r V A411 LAND USE APPLICATION i- 0 1q SUMMARY SHEET WI1 PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: CZ-632 PLANNER: Kim Ogle APPLICANT: John Kadavy ADDRESS: c/o Todd Hodges Design, LLC; 2412 Denby Court, Fort Collins, CO 80526 REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for thirteen(13)residential Lots and 7.1 acres of Common Open Space LEGAL DESCRIPTION: Part of the E2 Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to Weld County Road 69 and 1/4 mile north of Weld County Road 50 ACRES: 25 +/- PARCEL NUMBER: 0965 34 000029 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 Building Inspection, referral received 3-22-2002 • Weld County Department of Code Compliance, referral received 4-1-2002 State of Colorado, Division of Wildlife, referral received 4-5-2002 Platte Valley Fire Protection District, referral received 4-6-2002, 5-18-2002 • Weld County Sheriffs Office, referral received 4-10-2002 • State of Colorado, Division of Water Resources, referral received 4-15-2002, 5-23-2002 Weld County Department of Building Inspection (Addressing), referral received 4-30-2002 • Weld County Department of Public Works, referral received 5-13-2002 and 5-17-2002 Weld County Department of Public Health & Environment, referral received 5-15-2002,5-21-2002 • Weld County Schools District RE-7, referral received 5-17-2002 The Department of Planning Services'staff received no response from the following agencies: • Weld County Attorney • Weld County Housing Authority • State of Colorado, Historical Society State of Colorado, Department of Health State of Colorado, Water Conservation Board • Weld County Long Range Planner II EX HI S I T Central Colorado Water Conservancy District • West Greeley Soil Conservation District CZ-632, Cottonwood Falls PUD,page 1 WIlDC CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO HEARING DATE: June 4, 2002 CASE NUMBER: CZ-632 PLANNER: Kim Ogle APPLICANT: John Kadavy ADDRESS: c/o Todd Hodges Design, LLC; 2412 Denby Court, Fort Collins, CO 80526 REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for thirteen(13)residential Lots and 7.1 acres of Common Open Space LEGAL DESCRIPTION: Part of the E2 Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to Weld County Road 69 and 1/4 mile north of Weld County Road 50 ACRES: 25 +/- PARCEL NUMBER: 0965 34 000029 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 27-6-120.8.6.a The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26(Mixed Use Development) of this Code. The proposed site is not influenced by an Inter-Governmental Agreement. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-60.A.1,A.Goal 1 --"Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." Chapter 22, Section 22-2-60.1.1, A.Goal 9 indicates that eighty (80) acres is considered the minimum lot size for a viable farming operation. The subject parcel is 25.028 acres net in size and is classified as "Other" farmland on the Important Farmlands of Weld County map. Historically the subject parcel has been utilized as employee housing for the National Hog Farms operations. Therefore,prime farmland will not be removed from production. 2) Section 22-2-60.D.1,A Goal 4 further states,"Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain CZ-632, Cottonwood Falls PUD, page 2 and enhance the highest level of agricultural productivity in the County." This development does not propose to remove Prime Agricultural Land. The proposal does desire to create thirteen (13) residential Lots which were clustered on the National Hog Farm operation lands. 3) Section 22-2-190.D.2.b, PUD.Policy 4.2, "A planned unit development which includes a residential use should provide common open space free of buildings, streets,driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation...." This proposal includes approximately 6.9 acres of open space or 28%of the site. Further, the landscape treatment will focus on the entry into the PUD with the remainder of the property planted in native grasses and drought tolerant vegetation in an effort to conserve available water. 4) Section 22-3-50.B.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 with existing private wells for potable and fire protection requirements. I.S.D.S., septic systems will handle the effluent flow. B. Section 27-6-120.6.b - The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. The applicant has met the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. C. Section 27-6-120.6.c- That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter-Governmental Agreement.. D. Section 27-6-120.6.d - That the PUD Zone District shall be serviced by an adequate watersupplyand sewage disposal system in compliance with the Performance Standards in Article II the Weld County Code. The applicant proposes a 13-Lot PUD. Twelve of the 13 homes were built in 1989 for employee housing at National Hog Farm. Two wells serve the twelve homes,and a third well serves the thirteenth home. The minimum lot size (.96 acres) coupled with the overall density of one septic system per 1.92 acres does not meet the current Department policy. However,the Department acknowledges this is an existing housing development. The application has satisfied Chapter 27 of the Weld County Code in regard to water service. Previously, as employee housing with National Hog Farm, the two wells were designated as a public water system. The submitted application and requested additional documents indicate there will now be three wells serving a total of thirteen homes in the proposed PUD. In order to determine compliance with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1), the applicant should submit a plan review for a potable water supply facility to the Drinking Water section of the Water Quality Control Division of the Colorado Department of Public Health and Environment for re-evaluation. CZ-632, Cottonwood Falls PUD, page 3 For information regarding the plan review process, the applicant must contact the Drinking Water Section of the Water Quality Control Division of the Colorado Department of Public Health and Environment at (303)692-3500. The third well is in the process of being registered with the Colorado State Engineer's Office. There is inconsistency in documents submitted in the application. Revised covenant item C-14(received May 20,2002)indicates the third well will be included in the residential well maintenance administration. However, the 'Real Estate Purchase Agreement', 'Water Lease Agreement' and 'Bargain and Sale Deed and Assignment' documents included in the original application materials only make reference to the two wells serving the twelve homes. These documents should be updated to include the third well. The revised covenant item C-14 is still vague in outlining the duties of the Association. The covenant should be specific in the management of the Public Water System requirements, the funding source, etc, and enforcement provisions. The application has not satisfied Chapter 27 of the Weld County Code in regard to sewer service with regard to minimum lot size and overall density, as previously stated. However,the Department acknowledges this is an existing housing development. Sewer will be provided by individual sewage disposal systems. Septic systems have been installed on all lots. Lots 1, 5 and 11 have had replacement absorption fields installed, and Department records show that for all three lots the first absorption field was abandoned (trenched through) and is now unusable. Therefore, the primary and secondary envelopes for these lots, as submitted, must be changed. Additionally, the Department recommends that septic envelopes be preserved in a manner that will allow its future use in the development covenants. Specifically, the development covenants should address activities such as landscaping (i.e. planting of trees and shrubs) and construction(i.e.auxiliary structures,dirt mounds,etc.)should be expressly prohibited in the designated septic envelopes. Lot 13 has a pre-existing home on the property. There is no record of a septic system in the Department files. Therefore, the septic system must be evaluated as a part of the change of zone process. Additionally, the Change of Zone Plat submitted in the application materials does not delineate the location of the existing septic system, the location of replacement envelopes (meeting setbacks to the well and other pertinent physical features, or the location of the existing well and a potential replacement well for Lot 13). Also, based on septic system documentation for Lot 7, the existing absorption field is approximately 144 feet from residential well#2. Based on the scale on the Change of Zone Plat submitted in the application materials the setback between the septic system and well is approximately 60 feet. The initial impact plan submitted in the application materials appears to address all the environmental impacts of Section 27-6-40. 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 Public Works Department has reviewed the proposal and has determined that the internal roads shall meet Weld County criteria for a PUD. The right- of-way is shown as Outlot A and Note 2 calls for the right-of-way to be deeded to the home owners association. The internal roadway right-of-way shall be sixty (60)feet in width including cul-de-sacs with a sixty-five (65) foot radius at the dead ends, and dedicated to the public. The typical roadway section of interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the zone change plat. Cul-de- sac edges of pavement radiuses shall be fifty(50)feet. Stop signs and street name signs r CZ-632, Cottonwood Falls PUD, page 4 will be required at all intersections. r There are two internal roadways which are shown dead-ended on the Change of Zone plat. A rough gravel road is currently being used, which connects these two dead-ends on the PUD site. The applicant shall address the intended use of this rough gravel road. Per the Weld County Code, Section 24-7-20.A.13, Dead end streets shall not be permitted. Further, Section 24-7-20.A.14 of the Weld County Code states "Permanent cul-de-sac streets serving no more than twenty(20)lots may be permitted and must be provided with a right-of-way turnaround of sixty-five (65) feet radius or more and the outside curb or pavement edge radius must be fifty(50)feet or more." The internal roadway of the development is gravel with very little grade. There are no ditches or culverts. Attention shall be given to roadside drainage throughout the development. Additionally,off-site,Weld County Road 69 is classified by the County as a local road and requires a 60-foot right-of-way. This right-of-way shall be shown on the final plat. The existing 60-foot right-of-way shall be verified by the applicant and the documents creating the right-of-way noted on the final plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. Weld County Road 69 serving this development is paved. The additional residential traffic added to the roadway system will not have enough impact to require off-site roadway improvements. A traffic study will not be required. Irrigation water runs along the west side of Weld County Road 69 adjacent to the development. The applicant shall verify the ditch location. If the ditch is outside the existing right-of-way, an easement shall be provided. 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. Development Standards and Conditions of Approval ensure compliance with Chapter 24, Article VII, and Sections 24-9-10 and 24-9-20 of this Code. The Weld County Public Works Department and Department of Planning Services shall require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Cottonwood Falls PUD and all on-site improvements. G. Section 27-6-120.6.g-That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The entire site is located within the flood plain, as indicated on the FIRM Community Panel Maps, panel numbers 080266 0675 C and 080266 0800 C. The Weld County Department of Public Works will require that the applicant label finished floor elevations and finished basement elevations on the final plat for all structures within the development. The flood zone note shall be referenced for each structure, indicating the 100-year flood elevation and informing the public of this hazard within the development. CZ-632, Cottonwood Falls PUD, page 5 In the referral response dated March 22, 2002, the Weld County Building Inspection Department is requiring a Flood Hazard Development Plan be submitted for buildings constructed within the development including the proposed picnic shelter. H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district, as described previously. The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning Services' staff does not concur with this request. This Approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from A(Agricultural) to PUD with Estate Zone District uses is conditional upon the following: 1. Prior to scheduling the Board of County Commissioners hearing: A. Section 22-5-100.6.1 of the Weld County Code states"new planned unit developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the properties mineral owners stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. The plat shall be amended to include any possible future drilling sites. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Dept. of Planning Services) 2. The plat shall be amended to include the following: A. Include the location of the existing septic system, replacement envelopes (meeting setbacks to the well and other pertinent physical features, and the location of the existing well and a potential replacement well for Lot 13. (Department of Public Health and Environment) B. Correct the approximate absorption field/well setback on Lot 7 from 60 feet to 144 feet. (Department of Public Health and Environment) C. Relocate the primary and secondary envelopes on Lots 1,5 and 11. (Department of Public Health and Environment) D. The right-of-way for Weld County Road 69. (Department of Public Works) E. Verify and delineate the ditch location. If the ditch is outside the existing right-of-way, an easement shall be provided. (Department of Public Works) F. The road cross-section for all internal roads as approved by Weld County Department of Public Works. (Department of Public Works) G. The right-of-way for the internal roadway right-of-way shall be sixty (60) feet in width CZ-632,Cottonwood Falls PUD,page 6 including cul-de-sacs with a sixty-five (65)foot radius at the dead ends, and dedicated to the public. (Department of Public Works) H. The applicant shall delineate a Plant Material List specifying the Botanical and Common names of all plant material to be installed if new, or plant material already installed on site; the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Department of Planning Services) The location of the monument sign, plant material around the monument sign,the location of the mailbox pedestal and mail boxes, the location of the picnic shelter, the bus stop location and the proposed basketball/sport courts. (Department of Planning Services) J. The location of all on-site light standards. (Department of Planning Services) 3. Prior to recording the Change of Zone plat: A. The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld County Code. (Department of Planning Services) B. The PUD must show evidence that the plan review process has been initiated with the Drinking Water section of the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) C. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located on the proposed Lot 13 of this proposed PUD. This existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment, will require an I.S.D.S.evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate,the system must be brought into compliance with current I.S.D.S. regulations. (Department of Public Health and Environment) D. Update the 'Real Estate Purchase Agreement', 'Water Lease Agreement' and 'Bargain and Sale Deed and Assignment' documents to include the 3rd well. Documents shall be reviewed and approved by the County Attorney's office. (Department of Planning Services and Department of Public Health and Environment) E. Revise covenant item C-14 to specify the management of the Public Water System requirements,the funding source,etc,and enforcement provisions. (Department of Public Health and Environment) F. The applicant shall submit a proposed estimate for time of construction of the PUD. (Department of Planning Services) G. The applicant shall address the concerns of the Platte Valley Fire Protection District. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services, Platte Valley Protection District) CZ-632,Cottonwood Falls PUD,page 7 H. The applicant shall address the concerns of the Weld County Sheriffs Department, in a memo dated April 10, 2002 and incorporate remedies for these concerns. Written evidence of a solution shall be provided to the Department of Planning Services. (Weld County Sheriff) The applicant shall apply for and be approved for a building permit for the construction of the monument sign on-site. Further, the applicant shall submit an application for a Flood Hazard Development Permit for the monument sign. (Department of Planning Services) J. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) K. The applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 4. 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 PUD Change of Zone from A (Agricultural) to PUD with Estate Zone District uses as indicated in the application materials on file in the Department of Planning Services and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. All thirteen homes must be served by the Public Water System. (Department of Public Health and Environment) C. The PUD must be in compliance at all times with the requirements of the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). (Department of Public Health and Environment) D. A Weld County septic permit is required for any repair or alterations to a septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions,including but not limited to maximum seasonal high groundwater, poor soils, and shallow bedrock. (Department of Public Health and Environment) E. Language for the preservation and/or protection of the second absorption field envelope shall be placed in the development covenants. The covenants shall state that activities such s landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, CZ-632,Cottonwood Falls PUD,page 8 dirt mounds, etc.) are expressly prohibited in the designated absorption field site. (Department of Public Health and Environment) F. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) G. 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) H. 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) Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County Code. (Department of Planning Services, Department of Public Health and Environment) J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services, Department of Public Health and Environment) K. 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) L. Potential Purchasers are hereby notified that all lands surrounding this PUD are part of lands held by the National Hog Farms, Inc. and historically a confined animal feeding operation has been located on these lands. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. (Department of Planning Services) M. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) N. All signs including entrance signs shall require building permits. Signs shall adhere to the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department's of Planning Services and Building Inspection) O. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan as been approved and recorded. (Department of Planning Services) P. Proper building permits shall be obtained prior to any construction, remodeling,demolition or excavation. (Department of Building Inspection) Q. All structures shall conform to the Section 29-2-20 of the Weld County Code, Article II (1997 Uniform Building Code), Section 29-2-30 of the Weld County Code, Article II (1998 International Mechanical Code),Section 29-2-40 of the Weld County Code,Article II(1999 Electrical Code),29-2-50 of the Weld County Code,Article II (1997 International Plumbing Code) and Section 29-2-10 of the Weld County Code, Article II, Chapter 29(current Weld County Building Ordinance). (Department of Building Inspection) CZ-632,Cottonwood Falls PUD,page 9 R. All buildings or structures shall maintain distances from the property lines and adjacent structures as outlined in Section 29-3-160 of the Weld County Code. (Department of Building Inspection) S. At the time an application is accepted for a building permit, a plan review will be done. A complete review of the building or structure by the Weld County Building Inspection Department or the Platte Valley Fire Protection District may reveal other building issues or areas needing attention. (Department of Building Inspection) T. Each structure located within this development is within the 100-year flood plain as delineated on the FIRM Community Panel Maps, panel numbers 080266 0675 C and 080266 0800 C, and Special Flood Hazard Information Report for the South Platte River, Volume I, dated April 1977. (Department of Planning Services) U. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) V. Personnel from the Weld County Departments of Public Health and Environment, Public Works and Planning Services'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) W. The applicant shall comply with Section 27-8-50 Weld County Code,as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within two (2) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) X. The PUD Final Plan shall comply with all regulations and requirements of Section 27 of the Weld County Code. (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) 5. 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. (Department of Planning Services) 6. At the time of Final Plan submission: A. The applicant shall provide a pavement design prepared by a professional engineer along with the final plat submission. (Department of Public Works) CZ-632,Cottonwood Falls PUD,page 10 B. Roadway and grading plans along with construction details will be required for the final plat. (Department of Public Works) C. A final drainage report stamped,signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plat 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. (Department of Public Works) D. Final drainage construction plans,conforming to the drainage report,shall be submitted with the final plat application to the Department of Public Works for their review and approval. (Department of Public Works) E. The applicant shall submit final road layout and alignment plans with associated documents to the Department of Public Works for their review and approval.(Department of Public Works) F. The applicant shall submit an on-site(Private) Improvements Agreement that addresses all improvements associated with this development,per compliance with Section 24-9-10 of the Weld County Code. (Department of Planning Services) G. The applicant shall submit evidence to the Department of Planning Services that approval was received from the Department of Public Works of an Improvements Agreement Regarding Collateral for the Transportation portion of the PUD. (Departments of Public Works, Planning Services) r H. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100 (PUD) of the Weld County Code. (Department of Planning Services) I. The applicant shall contact the Platte Valley School District, RE-7, to finalize a bus pick-up and drop-off location. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) J. The applicant shall submit Final Homeowners Association Covenants to the Weld County Attorney's Office for review and approval. (Department of Planning Services) K. 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) 7. Prior to the release of any building permits: A. The applicant shall supply designated street and stop signs, as required by Weld County Public Works, at the appropriate locations. (Department of Public Works) r-- CZ-632,Cottonwood Falls PUD,page 11 • OF PLANNING SERVICES tf WIlDDEPARTMENT �. PHONE (970) F3 6100, EXT.3540 FAX (970) 304-04-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 April 1, 2002 John Kadavy c/o Todd Hodges Design LLC 2412 Denby Court Ft. Collins CO 80526 Subject: CZ-632- Change of Zone from A (Agricultural) to PUD with Estate uses for thirteen (13) residential lots and 7.1 acres of Common Open Space on a parcel of land described as Part of the E2 of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for June 4, 2002, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, 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. 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, Kim (ogle Plann- EXHIBIT PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: MA`( 1Ld , 'LCdt . THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY 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 PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEASTP5 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR OZ G'32 . THE SIGN WAS POSTED BY: VIM G7oL �jl(ots 1'cYT6-‘2 c&- (e -b2 NAME OF PERSON POSTING SIGN SIGN E FOR PERSON POSTING SIGN STATE OF COLORADO) )ss. COUNTY OF WELD ) -ttp ew=.+,w,.., 9 0OZ, r SlicCRIBED AND SWORN TO ME THIS ` h DAY OF l AUJ) . e' ,- ; n, NOTARY PU IC ""ti- MY COMMISSION EXPIRES SEPTEMBER 14, 2003 MY COMMISSION EXPIRES: THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. EXHIBIT I I DEPARTMENT OF PLANNING SERVICES ) 353-6100, EXT.3540 W�`P Ci PHONE (970155FAX (970) 304-6498 5 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 May 23, 2002 John Kadavy do Todd Hodges Design LLC 2412 Denby Court Ft. Collins CO 80526 Subject: CZ-632- Change of Zone from A(Agricultural)to PUD with Estate uses for thirteen(13)residential lots and 7.1 acres of Common Open Space on a parcel of land described as Part of the E2 of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for June 4, 2002, at 1:30 p.m. This meeting will take place in the conference room of the Southwest Weld County Services Complex,4209 WCR 24 Y2, Longmont, 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. 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, ( Kim Ogi9) Planner FIELD CHECK CASE NUMBER: CZ-632 DATE OF INSPECTION: 04 .C 02- APPLICANT'S NAME: John Kadavy- Cottonwood Falls PUD (National Hog Farm Employee Housing) PLANNER: Kim Ogle REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for thirteen (13) residential lots and 7.1 acres of Common Open Space. LEGAL DESCRIPTION: Part of the E2 of Section 34,T5N, R63W of the 6th P.M.,Weld County, Colorado. LOCATION: West of and adjacent to WCR 69 and 1/4 mile north of WCR 50. LAND USE: N VFsrS'N4-E E 6,04,e *-1' bLie WlTN OrtLD,NG \�Eu1S S AS-rUPe tie 1)1-Atte Rwvem_. w Tgcs-e5 8. V L M tC Z\s e--e. ZONING: N A(Agricultural) r E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: -Thy, 4u PA)Wt5i,na CU2CGa4TLy 'Ci-cT &, WAs tNi-nottJ�T�van o "cot Ern PLoy,Et5 of- 'C1;Es (UAPnow1A.L \-\o6 cWr.\ . `n- ≤ A-PPu time,.1 rot ?up tS �o(L \MPF4'IG rsiur5 -CO cPer--1JA1. Agefir INCLu0iNE) YeA)5 ti-ND Gc e*c A CA. SN OrttivrloU, t Mer-ovc--pAfeswirs -co 'tt\t {-%Oma IS A4 4'0 Ntibt- oC 11-k6 P 141-) • ,e E P.C. Member 0445-74 y �-, FIELD CHECK inspection date: May 14, 2002 CASE NUMBER: CZ 632 APPLICANT: John Kadavy LEGAL DESCRIPTION: Part E2 Section 34, T5N, R63W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to Weld County Road 69 and 1/4 mile north of Weld County Road 50 Zoning Land Use N A(Agricultural) N Agricultural E A(Agricultural) E Agricultural / Residential S A(Agricultural) S Agricultural W A(Agricultural) W Agricultural COMMENTS: 13 Single family two-story residential brick dwellings on single piece of land. Houses are presently vacant. Access is off of WCR 69, a paved two lane road onto a graveled road. A brick monument sign is immediately adjacent to road to the north of access road. Four flowering trees on a slight berm frame sign. Short leafed pine trees have been added to all common landscaped areas to the north and east. A single row of mail boxes is 50 feet west of monument sign. Fire hydrants are on site and the streets have monopoles with overhead lighting. Two concrete block structures house the well heads for the twelve. A single tap well serves the 13th house. Road loops through development. The existing playground and basketball court is to be removed. The common area will be incorporated into lots. Mature vegetation flanks the development to the south and west. Approximately IA- 1 mile west of this property is the Centennial Valley Wildlife Refuge. Kim O , Planner III EXHIBIT \ I \ 15k Hello