HomeMy WebLinkAbout20020954.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Olson Brothers, LLC Case Number Z-570
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (12 pages) X
3 Department of Planning Services field check form (3 pages) X
4 Planning Commissioner Field Check Form (1 page) X
5 Letter to Applicant X
6 Legal Notifications/sign posting affadavit(4 pages) X
7 Application (15 pages) X
8 Maps (4 pages) X
9 Referral List X
10 Referrals without comment(1 page) X
Referrals with comments
r
11 Weld County Department of Public Works, referral received X
03/04/2002 (2 pages)
12 Weld County Department of Public Health and Environment, X
referral received 03/01/2002 (2 pages)
13 Weld County Department of Building Inspection, referral X
received 01/22/2002 (2 pages)
14 Weld County Zoning Compliance Officer, referral received X
01/24/2002
15 Colorado Division of Wildlife, referral received 01/20/2002 X
16 Colorado Geological Survey, referral received 01/29/2002 X
17 Weld County School District RE-5J, referral received 01/25/2002 X
(2 pages)
18 Johnstown Fire Protection District, referral received 03/12/02 X
19 Office of the State Engineer, Division of Water Resources, X
referral received 03/14/02
20 Town of Johnstown, referral received 03/15/02 X
21 Deed X
22 Surrounding Property/ Mineral Owners (8 pages) X
23 Letter from Delbert and Kristine Kirby dated 01/31/2002 X
EXHIBIT
2002-0954
24 Utilities (6 pages) X
25 Soil Survey(2 pages) X
26 Preliminary Drainage Report(20 pages) X
27 Traffic Study(8 pages) X
28 S-546 (Olson Brothers, LLC) Sketch Plan Map X
29 Vicinity Map X
30 Site Map X
31 Picture of existing shed X
32 Proposed Amendments by applicant to Z-570 staff X
recommendation (13 pages)
33 Picture of existing shed and access to proposed Lot 9 X
34 Weld County Department of Public Health & Environment, X
referral received 04/2/02 (2 pages)
I hereby certify that the 34 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office.
Chris Gathman :• Planner
& I LAND USE APPLICATION
k in SUMMARY SHEET
WiIPC PLANNED DEVELOPMENT
CHANGE OF ZONE
COLORADO
CASE NUMBER: Z-570 HEARING DATE: April 2, 2002
PLANNER: Chris Gathman
APPLICANT: Olson Brothers, LLC
ADDRESS: P.O. Box 38, Berthoud, Colorado, 80513
REQUEST: Change of Zone from A (Agricultural) to PUD for 8 residential lots
for Estate Uses, one 54.5 acre agricultural lot, and 12 acres of
common open space
LEGAL DESCRIPTION: Lot B of Recorded Exemption 2746; located in part of the
NE4 of Section 30, Township 4 North, Range 67 West of
the 6th P.M., Weld County Colorado
LOCATION: South of and adjacent to Weld County Road 42, East of and
adjacent to WCR 13
ACRES: +/- 79 Acres
PARCEL NUMBER: 0959 30 000016
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 Works, referral received 03/05/02
• Weld County Department of Building Inspection, referral received 1/22/02
• Weld County Department of Public Health & Environment, referral received 3/1/02
Weld County Department of Planning Services- Zoning Compliance, referral received
1/24/02
• Weld County School District RE-5J, referral received 1/25/02
• Colorado Geological Survey, referral received 1/29/02
• Colorado Division of Wildlife, referral received 1/20/02
Town of Johnstown, referral received 3/15/02
Johnstown Fire Protection District, referral received 3/13/02
• Colorado Division of Water Resources, referral received 3/13/02
EXHIBIT
Z-570,Olson Brothers,LLC I
Responses have not been received from the following agencies:
Big Thompson Soil Conservation District
Great Western Railroad
Z-570,Olson Brothers,LLC 2
atTri
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
ink
COLORADO
CASE NUMBER: Z-570 Hearing Date:
PLANNER: Chris Gathman
APPLICANT: Olson Brothers, LLC
ADDRESS: P.O. Box 38, Berthoud, Colorado, 80513
REQUEST: Change of Zone from A(Agricultural)to PUD for 8 residential lots for
Estate Uses, one 54.5 acre agricultural lot, and 12 acres of common
open space
LEGAL DESCRIPTION: Lot B of Recorded Exemption 2746; located in part of the NE4 of
Section 30,Township 4 North, Range 67 West of the 6th P.M.,Weld
County Colorado
LOCATION: South of and adjacent to Weld County Road 42, East of and
adjacent to WCR 13
ACRES: +/- 79 acres
PARCEL NUMBER: 1059 30 000016
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 23-2-
50 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 27-6-120.6.a. - That the proposal is consistent with any intergovernmental
agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning
Agreements), 22 (Comprehensive Plan), 23 (Zoning), 24 (Subdivision) and 26(Mixed
Use Development) of this code. This proposal is not located within an existing
intergovernmental agreement boundary. The applicant is proposing eight residential
lots ranging in size from 1.1 to 1.7 acres for Estate uses. The applicant is proposing
to vary from the minimum Estate zone district lot size requirement of 2.5 acres.
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." The
subject parcel is 79 acres net in size and is classified as "Prime" farmland on the
Important Farmlands of Weld County map. The applicants are proposing a 54.5
acre buildable agricultural lot (Lot 9). Two building envelopes are currently
Z-570,Olson Brothers LLC,3
indicated for Lot 9. Planning staff is requiring that the applicant only used the
proposed building envelope in the southwest corner of the site in order to limit
residential access points onto Weld County Road 42.
2) Section 22-2-6O.C.2, A.Policy 3 states "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
non-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 the Weld
County Code, not adjacent to other PUDs, subdivisions, municipal boundaries or
urban growth corridors." This proposal includes public water and consists of eight
(8) PUD residential lots for Estate uses and 12 acres of common open space
along with a 54.5 acre Agricultural lot (Lot 9). It is not located adjacent to other
PUDs, municipalities or urban growth corridors and meets the definition of non-
urban scale development.
3) Section 22-2-190.D.2.b, PUD.Policy 4.2 states"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..." The proposed open space of 12 acres
does not border Lots 1-3 of the proposed PUD. Planning Staff is recommending
that the proposed common open space be redesigned so that it borders and is
accessible to Lots 1-3 in order to satisfy the requirements of PUD Policy 4.2.
Planning staff recommends an internal trail system be designated within the
common open space. No internal trail system is proposed to access the 12 acre
common open space area.
4) Section 23-4-440.A requires a minimum lot size of 2.5 acres in the E (Estate)
Zone District. The applicant is proposing eight residential lots ranging in size
from 1.1 to 1.7 acres for Estate uses. The applicant is proposing to vary from the
minimum Estate zone district lot size requirement of 2.5 acres.
B. Section 27-6-12O.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 of this Chapter.
The Department of Public Works, as stated in their referral received March 5, 2002, is
requiring this PUD to have paved roads.
Section 27-2-40 of the Weld County Code states: "The normal bulk requirements for
minimum setback, minimum offset, minimum lot size, minimum lot area per structure,
maximum height of buildings and lot coverage may be varied as specified in the PUD
final plan." Section 23-4-44O.A of the Weld County Code requires a minimum lot size
of 2.5 acres in the E (Estate)Zone District. The applicant is proposing eight residential
lots ranging in size from 1.1 to 1.7 acres for Estate uses. The applicant is requesting
Z-570,Olson Brothers LLC,4
to vary from the E (Estate) lot size requirements for the eight proposed residential lots
for Estate Uses. Section 23-3-50 of the Weld County Code requires a minimum lot size
of 80 acres in the A (Agricultural) Zone District. The applicant is proposing a 54.5
agricultural lot with this PUD.
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- 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. This site is located within the 3-mile referral
areas for the Towns of Johnstown and Mead. The Town of Johnstown in their referral
received March 15, 2002 indicated no conflict with their interests. No referral was
received from the town of Mead indicating no conflict with their interests.
D. Section 27-6-120.6.d- 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 Chapter. The Department of Public Health and Environment referral
dated March 1, 2002 states that the applicant has satisfied Chapter 27 of the Weld
County Code in regards to Sewer and Water Service. Water is to be provided by the
Little Thompson Water District. A water service commitment letter and agreement for
water main extension from Little Thompson Water District is provided in the application
materials.
The Office of the State Engineer, Division of Water Resources indicated in a referral
received March 13, 2002 that the proposed water supply for Lots 1-9 (for residential
purposes) will not cause injury to existing water rights.
The application has satisfied Chapter 27 of the Weld County Code in regard to sewer
service. Sewer will be provided by Individual Sewage Disposal Systems. Septic
envelopes have been indicated for Lots 1-8. The Weld County Department of Public
Health and Environment is requiring septic envelopes to be indicated for the building
envelope for Lot 9.
E. Section 27-6-120.6.e- The 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 Department of Public
Works, in their referral received March 5, 2002, indicated that the proposed layout of
Dove Court and Willow Lane is acceptable. Final roadway construction plans and an
off-site road improvements agreement addressing impacts to Weld County Roads 15
and 42 will be required with the final plat application. The Department of Planning
Services is requiring that Dove Court be moved further north so that it is located
between Lots 1-3 and the proposed Lot 9 building envelope as indicated in the original
sketch plan. Planning staff is also requiring that the proposed Lot 9 alternative building
envelope located in the northeastern corner of lot 9 be removed. This redesign would
eliminate the possibility of two additional direct accesses onto Weld County Road 42
Z-570,Olson Brothers LLC,5
and Weld County Road 15.
F. An off-site road improvements agreement and an on-site improvements agreement
proposal is in compliance with Chapter 24 of this Code, as amended, and a road
improvements agreement is complete and has been submitted, if applicable. The
applicant did not include a preliminary road improvements agreement. Development
Standards and Conditions of Approval ensure compliance with Chapter 24, Article VII,
and Sections 24-9-10 and 24-9-20 of the Weld County Code. Public and Private Road
Maintenance and Improvements Agreements along with final roadway plans and a final
drainage report shall be submitted with the Final Plat application.
G. There has been compliance with the applicable requirements contained in Chapter 23
of this Code regarding overlay districts, commercial mineral deposits and soil
conditions on the subject site.
The site is not located within any overlay districts.
The applicants have indicated a 400-foot by 400-foot future gas well envelope on the
property. A letter dated August 20, 2001 from Southwestern Production Corporation
(the operator of record for an existing oil & gas lease for Southwestern Eagle, LLC)
indicated that they had reviewed the gas well envelope and future tank battery location
on the S-546 sketch plan map and indicated that future wells and facilities will likely fall
within these locations. The gas well envelope and tank battery location are indicated
in the same location on the proposed change of zone plat as they are indicated on the
S-546 sketch plan map.
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 accurately reflects the performance
standards and allowed uses described in the proposed zone district with the exception
of the proposed lot sizes as described previously. The applicant is requesting that the
Final Plan be administratively reviewed. Planning Staff is recommending that this case
be brought before the Board of County Commissioners for the final plat based on the
required relocation of the internal roads and redesign of the open space parcel.
This recommendation is based, in part, upon a review of the application materials submitted
by the applicant, other relevant information regarding the request, and responses from
referral entities.
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:
Z-570,Olson Brothers LLC,6
Prior to the Board of County Commissioners Hearing:
1. 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. 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. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) A septic area large enough for at least two absorption fields shall be
designated on the building site of Lot 9. (Department of Public Health and
Environment)
2) The Change of Zone plat shall meet all requirements of Section 27-9-20 of
the Weld County Code. (Department of Planning Services)
3) Dove Court shall be relocated to the north between the proposed Lot 9
alternate future building site and Lots 1, 2 and 3. Lot 9 (residential) access
shall be onto Dove Court. (Department of Planning Services)
4) The lot 9 alternate future building site located in the northeastern corner of the
site shall be deleted. (Department of Planning Services)
5) Outlot A (Common Open Space) shall be redesigned so that it borders
and is accessible from proposed Lots 1, 2 and 3 of the PUD. (Department of
Planning Services)
6) Building envelopes for Lots 1,2 and 3 and Lot 8 of the proposed subdivision
shall be located outside the 150-foot gas well setback and 200-foot tank
battery setback.
B. The applicant shall address the recommendations/requirements of the Johnstown
Fire Protection District. Evidence of compliance with Johnstown Fire District
Requirements shall be submitted to Department of Planning Services. (Johnstown
Fire Protection District)
C. The applicant shall submit a proposed estimate for time of construction of the PUD.
(Dept. of Planning Services)
D. The applicant shall submit a modified Landscape Plan in accordance with Section
27-9-30 (PUD) of the Weld County Code. Plant types, sizes and heights shall be
indicated on the plan. Proposed landscaping in clear vision areas shall be no more
Z-570,Olson Brothers LLC,7
than 2.5 feet height (Outlots B and C).
E. The applicant shall submit additional information about the use and design of the
proposed common open space in the PUD. Evidence of how the proposed
residential lots will have a pedestrian connection with the open space shall be
provided. The applicant shall also indicate whether livestock (horses...) will be
allowed in the common open space. (Dept. of Planning Services)
F. The applicant shall submit two paper copies of the plat for review and approval by
the Department of Planning Services. (Department of Planning Services)
G. 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). This digital file may be sent to
mapsRco.weld.co.us. (Dept. of Planning Services)
3. Upon completion of 2 above 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 thirty(30)
days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee.
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.
B. Approval of this plan may create a vested property right pursuant to Article VIII,
Section 23-8-50 of the Weld County Code. (Department of Planning Services)
C. Water service shall be obtained from the Little Thompson Water District.
(Department of Public Health and Environment)
D. This subdivision is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in accordance
with the regulations of the Colorado Department of Public Health and Environment,
Water Quality Control Division and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system. The final plat
documents for this subdivision were prepared by Alles and Associates, Inc., Job
Number: Olson-0102 and dated December 12, 2001. These final plat drawings
indicate a proposed septic area for the placement of primary and secondary
Z-570,Olson Brothers LLC,8
absorption fields. This area may be movable, provided the cnvclopc3 arc area is
of equal or greater size that allows for the placement of primary and secondary
absorption fields, meets all required setbacks, and are documented by an affidavit
of correction per Section 24-5-50 of the Weld County Code. The lot owner shall not
place any permanent landscaping,structures,dirt mounds or other items that would
interfere with the construction, maintenance, or function of the fields in the septic
area. (Department of Public Health and Environment)
E. If required,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. (Department of Public
Health and Environment)
F. 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)
G. 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)
H. 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 (APEN), and apply for a
permit from the Colorado Department of Public Health and Environment.
(Department of Public Health and Environment)
"Weld County's Right to Farm" statement as provided in Appendix 22-E of the
Weld County Code shall be placed on any recorded plat. (Department of
Planning Services)
J. Potential Purchasers are hereby notified that a confined animal feeding
operation for 3,000 head of cattle (SUP 83) is located 1/2 mile east of the
intersection of Weld County Roads 42 and 15. 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)
K. Potential Purchasers are hereby notified that a confined animal feeding
operation for 2,000 head of cattle (USR-1258) is located 600 feet west of the
intersection of Weld County Roads 42 and 13. 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 and Department of Public Health and Environment
Z-570,Olson Brothers LLC,9
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code. (Department 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. (Departments 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 has been
approved and recorded. (Department of Planning Services)
O. Proper building permits shall be obtained prior to any construction. A plan
review is required for each building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. (Department of Building
Inspection)
P. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997
IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
Q. 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)
R. Building height shall be limited to the maximum height allowed per UBC table 5-
B. Wall and opening protection and limitations shall be in accordance with UBC
table 5-A. Separation of buildings of mixed occupancy classifications shall be in
accordance with UBC Table 3-B and Chapter 3. Setback and offset distances
shall be determined by Chapter 23 of the Weld County Code. (Department of
Building Inspection)
S. Future construction and development of the site shall be in accordance with the
recommendations of the Colorado Geological Survey as stated in their
referrals received September 20, 2000 and January 29, 2002. (Colorado
Geological Survey)
T. The number of livestock allowed for Lot 9 shall meet the A (Agricultural) Zone
District requirements and the number of livestock allowed for Lots 1-8 shall meet
the E (Estate) Zone District requirements for"Animal Units" as stated in Section
23-1-90 of the Weld County Code. (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, and Chapter 15,
Articles I and II of the Weld County Code. (Department of Planning Services)
Z-570,Olson Brothers LLC, 10
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.
(Department 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. (Department of Public Works)
B. The applicant shall submit an on-site (Private) Improvements Agreement
that addresses all landscaping, open space, storm drainage and
underground utility improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
C. The applicant shall submit an off-site (Public) Improvements Agreement
that addresses all transportation improvements associated with this
development and that addresses shared costs of future paving or dust
control on Weld County Roads 42 and 15 proportional to the impact this
development per compliance with Section 24-9-10 of the Weld County
Code. Evidence shall be submitted to the Department of Planning
Services that approval was received from the Department of Public Works
of an Improvements Agreement Regarding the Transportation portion of
the PUD. (Departments of Public Works, Planning Services)
D. Final drainage report and drainage plans shall be submitted for review and
approval by the Department of Public Works. (Department of Public
Works)
Z-570,Olson Brothers LLC,11
E. That portion of Weld County Road 42 at the northwest corner of Lot 9
deviates from the quarter section line. At final plat, the existing road
location must be verified and a 60' right-of-way established that covers the
roadway. (Department of Public Works)
F. The applicant shall submit a draft of the Homeowner's Association bylaws
and covenants for review and approval by the Weld County Attorney's
Office. Language for the preservation and/or protection of the absorption
field envelope shall be placed in the development covenants. The
covenants shall state that activities such as permanent landscaping,
structures, dirt mounds or other items are expressly prohibited in the
absorption field site. (Department of Planning Services)
G. The applicant shall submit a Landscape Plan in accordance with Section
27-9-30 (PUD) of the Weld County Code. The landscape plan shall
indicated any trails/pedestrian connections in the common open space
area. Landscape proposed within clear vision areas shall be no taller than
2.5 feet in height. (Department of in Planning Services)
H. The applicant shall contact the appropriate postal service, ambulance
service, fire district, St. Vrain School District, and Weld County Sheriffs
Office have reviewed and approved the preliminary addresses, bus/mail
pick up location, and street name. (Department of Planning Services)
Existing roadway and right-of-way locations for Weld County Road 42 and
Weld County Road 15 shall be indicated on the final plat. (Department of
Public Works)
J. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (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)
Z-570,Olson Brothers LLC,12
' DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, E04.6498
FAX (9(970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
January 8,2002
Todd Hodges Design LLC
2412 Denby Court
Ft Collins CO 80526
Subject: Z-570- Request for a Change of Zone from A(Agricultural)to PUD for 8 residential lots for Estate uses,
one 54.4 acres PUD agricultural outlot,and 12 acres of common open space on a parcel of land described
as Lot B of RE-2746;a part of the NE4 of Section 30,T4N, 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 March 19,2002,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.
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 Johnstown and Mead Planning Commission for their review and
comments. Please call Johnstown at(970)587-4664 and Mead at(970)535-4477 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 Johnstown
and Mead 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,
ovia
Chris Gathman
Planner
EXHIBIT
1
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: 1 I a'a i .)4 2061-. 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 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- 137 3.
THE SIGN WAS POSTED BY:
cYAns Go4z,„,1cv-.
NAME OF PERSON POSTING SIGN a . ....s .,It
SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS DAY OF 4.-ft...raga-I Z
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NOTARY PUBLIC ���`4.A;NP,� �G
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MY COMMISSION EXPIRES: c�• r� 1*I
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-- THIS PLACED %,,�F coy° �,:
FORM SHALL BE IN THE APPROPRIATE FILE FOR THE ABOVE CASE. "issiaimo
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FIELD CHECK
CASE NUMBER: Z-570 DATE OF INSPECTION:
f
APPLICANTS NAME: Olson Brothers LLC
PLANNER: Chris Gathman
REQUEST: Request for a Change of Zone from A(Agricultural)to PUD for 8 residential lots for Estate uses,one 54.4
acres PUD agricultural outlot, and 12 acres of common open space.
LEGAL DESCRIPTION: Lot B of RE-2746; a part of the NE4 of Section 30, T4N, R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to WCR 42, approximately 1/2 mile east of WCR 13.
LAND USE: N
E MC its aze ' /421• ye- ='c Xj �_ciO4/
S -�Y1-e_gerZc,,, 4/0 2L�/et'?
W 4' l ii
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS: z2 / <c
y ZO cLan�
G�Jt7�9..O-99e
-�� /6,7 � �� �Lfi oft-� iU/ 62-E �.
e/5Creerz
ll";" � � C.�q.�� Jcce z-i 4�J��Qy �-�. J' (4 9)
i"Y 1121.2 {.C__E_ �' ,��e %c,c-/�
P.C. Member
Maw
I i
'^ FIELD CHECK inspection date: 2/26/02
CASE NUMBER: Z-570
APPLICANT: Olson Brothers, LLC
LEGAL DESCRIPTION: Lot B of RE-2746; A part of the NE4 of Section 30,
T4N, R67W in Weld County.
LOCATION: South of and adjacent to WCR 42, West of and adjacent to WCR
15
Zoning Land Use
N A(Agricultural) N cropland/existing residence in NE corner
E A (Agricultural) E cropland, I single family residence across WCR
�-. 15 from proposed residential lots
S A (Agricultural) S cropland
W A (Agricultural) W cropland
COMMENTS:
* Site is basically flat.
* Site is in a rural agricultural area.
* Site is planted in corn and is irrigated.
* Existing oil and gas facilities on the site.
* Site is bordered by the Great Western Railroad to the south.
* Proposed residential lots of WCR 15 will be approx. 1000' south of existing residence at corner
of WCR 15 and WCR 42.
Chris �Gathmmaa n, Current Planner
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