HomeMy WebLinkAbout20020275.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Peter Hyland/Mark Zigray Case Number Z 567
Coyote Run 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 Folsom field check form - not received
5 Letter to Applicant X
6 Affadavit of sign posting X
7 Legal Notifications X
8 Application X
9 Maps X
10 Referral List X
11 Referrals without comment X
Referrals with comments
12 Windsor Severance Fire Protection District, referral received X
7-19-2001, 12-7-2001
13 State of Colorado, Division of Water Resources, referral received X
11-29-2001 and 3-30-2001
14 Weld County Department of Building Inspection, referral received X
12-3-2001
15 Weld County RE-4 Schools, referral received 12-5-2001 X
16 Weld County Department of Public Health and Environment, referral X
received 12-5-2001
17 The Dow Law Firm, LLC, Legal Counsel for the Larimer and Weld X
Canal, aka Eaton Canal, referral received 12-6-2001
18 Colorado Geologic Survey, referral received 12-7-2001 X
19 Weld County Department of Public Works, referral received 1-7-2002 X
19.1 Certified notification of mailing for owners of Mineral Rights, dated X
12-17-2001
19.2 Town of Windsor referral received 12-17-2001 X
20 Deed/Easement Certificate X
ti EXHIBIT
2002-0275
21 Surrounding Property/Mineral Owners X
22 Utilities -Water Agreement with North Weld County Water District X
PC Exhibits
23 Unsigned Draft of Operation and Maintenance Access Agreement X
with the Larimer&Weld Irrigation Ditch Company received 1-11-02
I hereby certify that the 26 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Board of County Commissioners hearing.
Kim Ogle PI nner III
/'e• A‘84
\ LAND USE APPLICATION
T1 SUMMARY SHEET
Wine PLANNED UNIT COYOTE EVE RUN PUD
CHANGE OF ZONE
COLORADO
CASE NUMBER: Z-567 HEARING DATE: January 15, 2002
PLANNER: Kim Ogle
APPLICANT: Peter Hyland, 7680 WCR 74, Windsor, CO 80550
Mark Zigray, 9778 WCR 80, Fort Collins, CO 80524
Sean Ash, 520 Parkwood Drive, Windsor, CO 80550
REQUEST: Change of Zone from A (Agricultural) to PUD with Estate uses for five (5) residential lots
and 20.7 acres of open space
LEGAL
DESCRIPTION:Lot C of Recorded Exemption 2759 being in the part of the NW4 of Section 26, Township
7 North, Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 76 1/2; east of and adjacent to Weld County
Road 21
ACRES: 137.5 +/- PARCEL#: 0705 26 000049
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:
• Windsor-Severance Fire Protection District referral received 7-19-2001, 12-17-2001
• State of Colorado, Division of Water Resources referral received 11-29-2001 & 3-30-2001
• Weld County Department of Building Inspection referral received 12-3-2001
• Weld County RE-4 Schools, referral received 12-5-2001
• Weld County Department of Public Health & Environment referral received 12-5-2001
• The Dow Law Firm, referral received 12-6-2001
• State of Colorado, Colorado Geological Survey referral received 12-7-2001
• Town of Windsor referral received 12-20-2001
• Weld County Department of Public Works referral received 1-7-2002
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Sheriffs Office
• Town of Severance
• Town of Windsor
• Colorado Division of Wildlife
• Fort Collins Soil Conservation District
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r #X III#*{T I Z-567,COYOTE RUN PUD,page 1
Apatrig
CHANGE OF ZONE
WIIDe. ADMINISTRATIVE RECOMMENDATION
COYOTE RUN PUD
COLORADO
CASE NUMBER: Z-567 HEARING DATE: January 15, 2002
PLANNER: Kim Ogle
APPLICANT: Peter Hyland, 7680 WCR 74, Windsor, CO 80550
Mark Zigray, 9778 WCR 80, Fort Collins, CO 80524
Sean Ash, 520 Parkwood Drive, Windsor, CO 80550
REQUEST: Change of Zone from A(Agricultural) to PUD with Estate uses for five (5) residential lots
and 20.7 acres of open space
LEGAL
DESCRIPTION:Lot C of Recorded Exemption 2759 being in the part of the NW4 of Section 26, Township
7 North, Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 76 1/2; east of and adjacent to Weld County
Road 21
ACRES: 137.5+/- PARCEL#: 0705 26 000049
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 effectinfuencing 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 137.5 acres
net in size and is classified as "prime if irrigated" farmland on the Important
Farmlands of Weld County map. Historically the subject parcel has not been
utilized for crop production. Given the lack of viable soils, irregular shape of the
parcel, (property is divided by the Eaton Canal) the parcel is not economically
Z-567,COYOTE RUN Pub,page 2
viable for agricultural production. Therefore, prime farmland will not be removed
from production.
2) Section 22-2-60.C.2, A.Policy 3— "Conversion of agricultural land to residential,
commercial and industrial development will be discouraged when the subject site
is located outside of a municipality's comprehensive plan area, urban growth
boundary area, or 1-25 Mixed Use Development area and urban development
nodes." The application proposes non-urban scale development as defined by
Section 27-2-140 of the Weld County Code. Section 27-2-140 defines urban scale
development as "...developments comprising of nine (9) or fewer residential lots,
located in a non urban area as defined in Chapter 22 of this Code, not adjacent to
other PUDs, subdivisions, municipal boundaries or urban growth corridors." This
proposal includes public water and consists of five (5) PUD Estate zoned
residential lots with Estate uses and one 20.791 acre open space lot. The
proposed minimum lot size is 5.311 acres with an overall density of 27.5 acres per
septic system.
3) Section 22-2-60.D.2, A.Policy 4 "Provide a mechanism for the division of land
which is agriculturally zoned. The intent of this goal should be to maintain and
enhance the highest level of agricultural productivity in Weld County." The
proposed level of development is non-urban as defined in Section 27-2-140. The
addition of five (5) PUD Estate zoned residential lots with Estate uses will have
minimal impact on the local service providers.
4) Section 22-2-90.C.1, UGB.Goal 3 "The County and municipalities should
coordinate land use planning in urban growth boundary areas, including
development policies and standards,zoning,street and highway construction,open
space,public infrastructure and other matters affecting orderly development." This
proposal is located outside of the Town of W ndsor's Growth Management Area
and within the Town's Community Influence Area. The Town of Windsor has
determined that the proposal is in compliance with the Windsor Comprehensive
Plan. The Town of Severance did not respond to this request.
5) Section 22-2-170.C.2.b, R.Policy 3.2 "New residential development should
demonstrate compatibility with existing surrounding land use in terms of general
use, building height, scale, density, traffic, dust and noise." The proposed
subdivision takes into consideration the surrounding properties, as well as the site
advantages. The site is designed with a perimeter buffer around all lots separating
the residential lots from surrounding properties. The Eaton Canal further serves
as an open space boundary between adjacent parcels within this proposal. The
Department of Planning Services will require Weld County's Right to Farm
statement as stated in Appendix 22-E of the Weld County Code to be placed on the
plat.
6) 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 20%of land
for the required open space. Further, the landscape treatment will focus on each
Z-567,COYOTE RUN PU0,page 3
of the entry's into the PUD and in the buffer area between the internal parcels and
surrounding property's. The open space areas will be planted in native grasses
and drought tolerant vegetation in an effort to conserve available water.
7) 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 North Weld County Water
District for potable and fire protection requirements. Individual Sewage Disposal
Systems (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 this Code. The applicant has met the twenty performance standards as delineated
in Section 27-2-10 regarding access, buffering and screening, circulation, etcetera.
The applicant proposes to vary from the Bulk Standards of the Estate Zone District as
follows: Section 23-3-440.B Maximum Lot size shall be 45 acres; Section 23-3-440.D -
Minimum offset would be five (5)feet or one foot for each three (3)feet of building height,
whichever is greater; Section 23-3-440.H-Number of animal units is two(2)per acre. The
Conditions of Approval, Development Standards and notes on the Plat 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 this Code or master plans
of affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement. The Town of
Windsor stated that proposal is outside of the Town of Windsor's Growth Management Area
and within the Town's Community Influence Area. In a letter dated December 20, 2001,the
Town of Windsor recommended approval of the proposed Planned Unit Development. The
Town of Severance did not respond to indicate that the proposal was in conflict with their
interests.
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 11 of this Code.
North Weld County Water District has indicated their ability and willingness to service this
application. Sewage disposal will be served by Individual Sewage Disposal Systems
(I.S.D.S.). In a referral dated December 5, 2001 the Weld County Department of Public
Health and Environment indicated that the PUD satisfied Chapter 27 in regard to water and
sewer service. The minimum proposed lot size(5.3 acres)coupled with the overall density
of one septic system per 27.5 acres meets the current Health Department policy. Further,
the Weld County Department of Public Health and Environment indicated that, the
preliminary geotechnical investigation conducted by Earth Engineering Consultants, Inc.,
had been submitted for the property. Very minimal data (one percolation test for the total
137.5 acres)supports the use of conventional septic systems. There are several irrigation
ditches on site. However,with the large lots there should be no problem in locating septic
systems to meet the one hundred (100)foot setbacks to ditches. Because Lot 2 is now 5.3
Z-567,COYOTE RUN PUD,page 4
acres, and excluding the oil and gas well easement from construction of a septic system,
care must be taken in locating the septic system on this Lot.
The initial impact plan submitted in the application materials appears to address all of 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 to the PUD shall be a two lane gravel road at each entrance to the
PUD. Further, Weld County Roads 21 and 76.5 are designated as local roadways in the
Weld County Comprehensive Transportation Plan. Local roadways require a minimum of
sixty (60) feet of right-of-way. The developer shall dedicate thirty (30) feet of right-of-way
for WCR 21 and WCR 76.5 to the County.
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 Coyote Run PUD and all on-site improvements.
G. Section 27-6-120.6.g- That them has been compliance with the applicable requirements
contained in Chapter 23 regarding overlay districts, commercial mineral deposits, and soil
conditions on the subject site.
The Colorado Geological Survey,in their referral letter dated December 7,2001,states that
the concerns identified in the preliminary plan review specific to the suitability of
development on"Tract A"due to wet conditions has been addressed. Based on the revised
plat and the removal of this lot from consideration as a residential development area, the
Colorado Geological Survey has no objection to the Change of Zone application.
The Weld County Department of Public Works stated that the submitted drainage plan was
acceptable, however, it does not bear the stamp of a professional engineer. A stamped
copy of the drainage plan shall be submitted as outlined in the memorandum dated April
20, 2001.
In the referral response dated December 3, 2001, the Weld County Building Inspection
Department is requiring engineered foundations based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer for each structure.
H. Section 27-6-120.6.h-Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
Z-567,COYOTE RUN PUD,page 5
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 concurs 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.B.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. Evidence of approval shall be submitted to the Weld County Department
of Planning Services. (Dept. of Planning Services)
2. 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. (Dept. of Planning Services)
B. The applicant shall submit a proposed estimate for time of construction of the PUD. (Dept.
of Planning Services)
C. The applicant shall submit a additional information, as required, for the drainage report,
signed by a Colorado licensed engineer, to the Department of Public Works for approval.
The applicant shall supply the Department of Planning Services with written approval from
the Department of Public Works. (Dept. of Planning Services, Dept. of Public Works)
D. The applicant shall address the concerns of the Windsor-Severance Fire Protection District.
Written evidence of a solution shall be provided to the Department of Planning Services.
(Windsor-Severance Protection District)
E. The applicant shall address the concerns of the Dow Law Firm, LLC, in a letter dated
December 4, 2001 and incorporate remedies for these concerns. Written evidence of a
solution shall be provided to the Department of Planning Services. (Dept. of Planning
Services)
F. 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).
(Dept. of Planning Services)
Z-567,COYOTE RUN Pub,page 6
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2. The plat shall be amended to include the following:
A. The amended open space areas specific to the Eaton Canal as stated in a letter from the
Dow Law Firm, LLC, dated December 4, 2001.
B. Coyote Ridge Drive shall be modified to reflect the requirements of the Weld County
Department of Public Works referral dated 1-7-2002.
3. 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. (Dept.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, except as follows, Section 23-3-440.B Maximum Lot
size shall be 45 acres; Section 23-3-440.D - Minimum offset would be five (5) feet or one
foot for each three (3) feet of building height, whichever is greater; Section 23-3-440.H -
Number of animal units is two (2) per acre. 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. Noncompliance with
any of the foregoing Conditions of Approval may be reason for revocation of the Permit by
the Board of County Commissioners.
B. Approval of this plan may create a vested property right pursuant to Article VIII, Section 23-
8-50 of the Weld County Code. (Dept. of Planning Services)
C. The applicant shall obtain water from North Weld County Water District. (Dept. of Public
Health and Environment)
D. A Weld County Septic Permit is required for each proposed 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. (Dept. of Public
Health and Environment)
E. The applicant shall obtain a storm water discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and 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. (Dept. of Public Health and Environment)
F. If land development creates more than a 25 acre contiguous disturbance,or exceeds six(6)
months in duration, the responsible party shall prepare a fugitive dust control plan, submit
an air pollution emissions notice (A.P.E.N.), and apply for a permit from the Colorado
Department of Public Health and Environment. (Dept. of Public Health and Environment)
G. During the development of the site,all land disturbance shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
the Weld County Department of Public Health and Environment, a Fugitive Dust Control
Plan must be submitted. (Dept. of Public Health and Environment)
Z-567,COYOTE RUN PUD,page 7
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H. In accordance with the Regulations of the Colorado Air Quality Control Commission, any
development that disturbs more than five acres of land must incorporate all available and
practical methods which are technologically feasible and economically reasonable in order
to minimize dust emissions. (Dept. of Public Health and Environment)
In the event that more than five acres of the site is disturbed during the construction and
development of this site, 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. Silt fences shall be maintained on the down gradient portion of the site during
all parts of the construction phase of the project. (Dept. of Public Health and Environment)
J. 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. (Dept. of Planning Services)
K. Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County Code
shall be placed on any recorded Plat. (Dept. of Planning Services, Dept. of Public Health
and Environment)
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Dept.
of Planning Services)
M. All signs including entrance signs shall require building permits. Signs shall adhere to
Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary
and permanent signs. (Dept. of Planning Services and Building Inspection)
N. 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. (Dept. of
Planning Services)
O. Proper building permits shall be obtained prior to any construction, remodeling, demolition
or excavation. (Dept. of Building Inspection)
P. All foundations, structures and building systems are required to have engineered
foundations shall be based on a site-specific geo-technical report performed by a Colorado
licensed engineer. Any fill material shall contain no rock or similar irreducible material with
a maximum dimension greater than twelve (12) inches. All fills shall be compacted to a
minimum of ninety(90)percent of maximum density. Engineering reports shall be supplied
for all fill material. (Dept. 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). (Dept. of Building Inspection)
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. (Dept. of Building
Z-567,COYOTE RUN Pub,page B
Inspection)
S. Complete drawings shall be submitted for review by the Windsor-Severance Fire Protection
District. (Dept. of Building Inspection)
T. 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 Windsor-Severance Fire Protection District may reveal other building
issues or areas needing attention. (Dept. of Building Inspection)
U. 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, or as approved through
variance of the standards of Section 23-3-440 of the Weld County Code. (Dept.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.
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.
(Dept. of Planning Services)
X. The PUD Final Plan shall comply with all regulations and requirements of Section 27 of the
Weld County Code with amendments. (Dept. of Planning Services)
Z. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, Planning Services, and
adopted Weld County Code and Policies. (Dept. of Planning Services)
5. At the time of Final Plan submission:
A. The applicant shall submit final road layout and alignment plans with associated documents
to the Department of Public Works for their review and approval. (Dept. of Public Works)
B. 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. (Dept. of Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services that approval
Z-567,COYOTE RUN PUD,page 9
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)
D. The applicant shall submit a drainage report,signed by a Colorado licensed engineer, to the
Department of Public Works for approval. The applicant shall supply the Department of
Planning Services with written approval from the Department of Public Works. (Dept. of
Public Works, Planning Services)
E. Service Provision Impacts for ambulance shall be addressed as required by Section 27-6-
50.B.4 of the Weld County Code. (Dept. of Planning Services)
F. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100(PUD)of
the Weld County Code. (Dept. of Planning Services)
G. The applicant shall submit a time frame for construction in accordance to Section 27-2-200
of the Weld County Code. (Dept. 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 ArcInfo Export files format type is
.e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Dept.
of Planning Services)
6. Prior to 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)
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Z-567,COYOTE RUN Pub,page 10
COYOTE RUN PUD (Z-567) Developer: Peter Hyland
PT NW4 26-7-67
ZONED PUD/ESTATE
NOT IN FLOOD PLAIN (0465D)
IS IN RIF AREA
NORTH WELD COUNTY WATER DISTRICT
INDIVIDUAL SEPTIC SYSTEMS
BUILDING ENVELOPE ON EACH LOT
Lot 1 10356 Coyote Ridge Drive
Lot 2 10346 Coyote Ridge Drive
Lot 3 37770 Jaz Road
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Lot 4 37780 Jaz Road
Lot 5 37790 Jaz Road
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(it
I DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX X (9(970) 3004-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
November 16, 2001
Peter Hyland
7880 WCR 74
Windsor CO 80550
Subject: Z-567- Request for A Change of Zone from A(Agricultural)to E(Estate)for a 5-Lot PUD on a parcel of
land described as Lot C of RE-2759; being a part of the NW4 of Section 26,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 January 15, 2001,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.
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 and Windsor Planning Commission for their review and
comments. Please call Severance at(970)686-1218 and Windsor at(970)686-7476 forfurther 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
and Windsor 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 often 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
Planner
EXHIBIT
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: (26.7-6- 'LB ,-19 itt)I . 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 LEAST 1a DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- 7 -.37,7
THE SIGN WAS POSTED BY:
hCl/ 2_oc_kr) ci
NAME OF PERSON POSTING SIGN
� /,1-44h
SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS DAY OF , 19 .
NOTARY PUBLIC
MY COMMISSION EXPIRES:
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
EXHIBIT
I ins
FIELD CHECK inspection date: April 17, 2001
CASE NUMBER: S 590
APPLICANT: MOW Investments, LLC do Peter Hyland
LEGAL DESCRIPTION: Lot C of RE 2759 being part of the NW4 of Section 27, Township
6 North, Range 67 West of the 6th PM, Weld County, CO
LOCATION: North of and adjacent to WCR 76.5; east of and adjacent to WCR 21
Zonina Land Use
N A (Agricultural) N Numerous SFR with outbuildings on Ag lands
E A (Agricultural) E Homestead SE 816, 2n° SFR, Ag lands beyond
S A (Agricultural) S Barrington SFR/ 2n° SFR and Ag lands
W A (Agricultural) W SFR Ag land
COMMENTS:
• Land is vacant and overgrown in grasses and noxious weeds. The Eaton Canal
transects the property SW to NE. Ditch access roads exist both sides of Ditch, with the
south side road appearing to be utilized.
Borrow ditch west side of 21, road appears to have 60 feet tight of way, is all weather
and has been recently graded. NWCWD marker is visual at north property line on
tangent to WCR 78 which heads west only. 1000 feet north of 76.5 is a CMP
approximately 36" diameter with cover, perhaps an irrigation well? Call Peter. A large
mound of soil with native grasses is immediately beyond to the east.
A posted narrow bridge crosses the Eaton Canal on WCR 21. Single traffic only.
WCR 76.5 is an all weather road with60 feet right of way. Four houses are within '''A mile
of site. All are agriculturally related. Barrington is gentleman farmer with llamas.
Electric power on poles north side with two points of power into site. Both lines appear
to end south of Canal. Telephone underground is on south side of 76.5.
Numerous irrigation canals across site. Some appear to be active supplying properties
south of 76.5, into concrete lined ditches. The Canal lays high on site with ground
sloping to southeast. Land north of canal is relatively flat, sloping off to the east
southeast.
Two houses as out parcels to development with a narrow point of access to 2n° house.
Both structures circa 1940ish.
O
Kim Ogle, Planner II MIT
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