Loading...
HomeMy WebLinkAbout20051403.tiff INVENTORY OF ITEMS FOR CONSIDERATION PZ-1077 Applicant Harvey& Olga Markham Case Number Submitted or Prepared Prior to At Hearing Hearing NJ 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Affadavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X Ni 3 Referral List X Referrals without comment X Larimer County Planning, referral received October 13,2004 X Town of Mead, referral received October 7, 2004 X �' Town of Johnstown, referral received October 5, 2004 X 4 Referrals with comments X Weld County Department of Public Works, referral received October 27, 2004 (2 X pages) Weld County Department of Public Works, referral received March 9,2005 X Weld County Department of Health and Environment, referral received November X 4, 2004 (2 pages) Weld County Department of Health and Environment, referral received March 14, X 2005(2 pages) Weld County Building Inspection, referral received October 26,2004 X Weld County Zoning Compliance Officer, referral received October 4, 2004 X Weld County Planning Services, referral received October 1,2004 X Weld County Building Tech, referral received November 19, 2004 (2 pages) X Weld County Sheriff's Office, referral received October 15, 2004 (2 pages) X Colorado Division of Water Resources, referral received October 15, 2004 (2 pgs) X Colorado Division of Wildlife, referral received November 1, 2004 (2 pages) X MOW 2005-1403 Berthoud Fire Protection District, referral received October 8, 2004 (2 pages) X Town of Berthoud, referral received November 22,2004 X Colorado Department of Transportation, referral received November 1, 2004 X Thompson School District, referral received December 1, 2004 X v 5 Surrounding Property Owners- Letters 5A Letter from Ira(Dan) Hooker dated January 5,2005 (I.t_J wx( PC Cx t,) X X I hereby certify that the twenty three items identified herein were submitted to the Department of Planning Services at or prior to the sch ule]Planning Commissioners hearing. \ 7 Chris Gathman J Planner II ,n, 11 N LAND USE APPLICATION p'*1 SUMMARY SHEET motPLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: PZ-1077 HEARING DATE: April 18, 2005 (Continued from December 21, 2004) PLANNER: C Gathman APPLICANT: Harvey &Olga Markham ADDRESS: 650 Highway 56, Berthoud, CO. 80513 REQUEST: Change of Zone from A (Agricultural) to PUD for six (6) lots with Estate Zone Uses (Winterset Estates) LEGAL DESCRIPTION: Lot B RE-3667; part N2 NE4 Section 19, T4N, Range 68 West of the 6TH P.M., Weld County, Colorado LOCATION: South of and adjacent to State Highway 56 and approximately 1/4 mile west of County Road 3. ACRES: 17+/- PARCEL NUMBER: 1061 19 100082 r 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 10/29/2004 • Weld County Department of Public Health & Environment, referral received 11/4/2004 • Weld County Building Inspection, referral received 10/26/2004 • Weld County Sheriffs Office, referral received 10/18/2004 • State of Colorado, Division of Water Resources, referral received 10/15/2004 • Colorado Division of Wildlife, referral received 11/1/2004 • Weld County Code Compliance, referral received 12/11/2003 • Colorado Department of Transportation, referral received 12/1/2004 • Town of Berthoud, referral received 11/18/2004 • Town of Johnstown, referral received 10/5/2004 • Town of Mead, referral received 10/7/2004 • Larimer County Planning, referral received 10/13/2004 • Berthoud Fire Protection District, referral received 10/7/2004 • Weld County Department of Planning Services, landscape referral received 10/1/2004 • Weld County Department of Planning Services, addressing referral received 11/19/2004 • Thompson Valley School District R2-J, referral received 12/1/2004 ElEXHIBIT The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Attorneys Office • Big Thompson Soil Conservation District • Boulder County ,s srecia.‘ PZ-1077—Winterset Estates PUD 2 WUDe. CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION CASE NUMBER: PZ-1077 HEARING DATE: April 18, 2005 (Continued from December 21, 2004) PLANNER: C Gathman APPLICANT: Harvey & Olga Markham ADDRESS: 650 Highway 56, Berthoud, CO. 80513 REQUEST: Change of Zone from A (Agricultural)to PUD for six (6) lots with Estate Zone Uses LEGAL DESCRIPTION: Lot B RE-3667; part N2 NE4 Section 19, T4N, Range 68 West of the 6T" P.M., Weld County, Colorado LOCATION: South of and adjacent to State Highway 56 and approximately 1/4 mile west of County Road 3. r ACRES: 17 +/- PARCEL NUMBER: 1061 19 100082 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 27-5-30 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 the Weld County Code. The proposed site is not influenced by an Inter-Governmental Agreement. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by the Little Thompson Water District for potable water and Individual Sewage Disposal Systems will handle the effluent flow. B. Section 27-6-120.6.b - The uses which would be allowed in the proposed PUD will conform 3 r- with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate)Zone District for the six (6) residential lots. Section 27-2-60, Common open space — Section 27-2-140 states: "Nonurban scale developments are developments comprised of nine (9) or fewer residential lots, located in a nonurban area as defined in Chapter 22 of this code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors. Nonurban scale development located outside the MUD area is not subject to the common open space requirement set forth in Section 27-6-80 of this Code." The subject property borders the Town of Berthoud to the south and therefore is considered urban scale development. Section 27-6-80.b.7 of the Weld County Code states: "All urban scale development PUDs containing a residential element shall provide for a fifteen percent common open space allocation, unless otherwise stated in Chapter 26 of this Code. Departure from this standard may be considered and may be approved by the Department of Planning Services Staff as long as the intent of this Chapter and Chapter 26 have been met." Staff has approved a waiver for the common open space requirement given the scale of the development, the fact that the Town of Berthoud has no concerns and that there are no subdivisions within Weld County that are within 1/4 mile of this site. 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 Towns of Berthoud, Johnstown, and Mead in their referrals dated December 5, 2004, November 22, 2004 and December 5, 2004 respectively indicated no conflicts 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 II the Weld County Code. The Division of Water Resources, in their referral dated October 11, 2004 indicated that the applicant would need to obtain an additional commitment for service from the Little Thompson Water District based on the fact the applicant is proposing an additional residential lot. An updated water service commitment for six residential lots and water extension agreement from Little Thompson Water District has been submitted by the applicant. The Department of Public Health and Environment indicated in their referral dated March 11, 2005 indicated that the primary and secondary septic envelopes on all lots appear to be adequately sized (may possibly be slightly undersized for engineered systems based on bedrooms and actual percolation rates). E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are PZ-1077 Winterset Estates PUD 4 adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The proposed PUD will be accessing off of State Highway 56. 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. The applicant is required to enter into an Improvements Agreement and post adequate collateral for onsite 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. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 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 supports this request. This approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from A (Agricultural) to PUD for six(6) residential lots is conditional upon the following: 1. Prior to recording the Change of Zone plat: A. The plat shall be amended as follows: 1) All pages of the plat shall be labeled PZ-1077. (Department of Planning Services) 2) State Highway 56 requires 100 feet south of the centerline. The applicant shall reserve 100 feet south of the centerline for right-of-way on the plat. (Colorado Department of Transportation) 3) 'Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Departments of Public Health and Environment and Planning Services) 4) Front side and rear utility easements are not required to be indicated on the change of zone plat and shall be removed. (Department of Planning Services) B. The applicant shall attempt to address the requirements of the Colorado Division of Wildlife as stated in their referral received November 1, 2004. Written evidence of such shall be provided to the Department of Planning Services. (Colorado Division of Wildlife) PZ-1077 Winterset Estates PUD 5 C. The applicant shall address the requirements of the Colorado Department of Transportation (CDOT) as stated in their referral received November 1, 2004. Written evidence of such shall be provided to the Department of Planning Services. (CDOT) D. The applicant shall submit an amended recorded exemption application for review and approval by the Department of Planning Services. The boundary of Lot A of Recorded Exemption 3867 shall be adjusted so that the proposed stormwater retention storage area is located within the boundaries of the PUD. The amended recorded exemption plat shall be recorded prior to the PUD Change of Zone plat. (Department of Planning Services) E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: A. The site specific development plan is for a Change of Zone from A (Agricultural) to PUD for six (6) residential lots with E (Estate) Zone uses as indicated in the application materials on file in the Department of Planning Services. The PUD will be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. 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) r. C. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services) D. Signs shall adhere to Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) E. Water service shall be obtained from the Little Thompson Water District. (Department of Public Health and Environment) F. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) G. Activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) H. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) I. The applicant shall obtain a storm water discharge permit from the Water Quality Control PZ-1077 Winterset Estates PUD 6 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) J. 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 Department of Public Health and Environment, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) K. 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) L. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) M. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways which have not been adopted by the County for maintenance. (Sheriffs Office) N. A separate building permit shall be obtained prior to the construction of any building. Structures such as bus stops and entrance gates, if provided, require building permits. (Department of Building Inspection) O. 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 various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Residential Code, 2003 International Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. Weld County intends to adopt the 2003 International Building, Residential, Mechanical, Plumbing and Fuel Gas Codes on or about March 1, 2004. (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. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) S. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) T. Building height shall be measured in accordance with the 2003 International Building Code PZ-1077 Winterset Estates PUD 7 r-. for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection of the building. (Department of Building Inspection) U. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) V. 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) W. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) X. The site shall maintain compliance at all times with the requirements of the Weld County Government and the adopted Weld County Code and Policies. (Department of Planning Services) Y. 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) Z. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) AA. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within thirty (30) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 5. At the time of Final Plan submission: PZ-1077 Markham PUD 8 A. The applicant shall submit a set of sign standards as required by Section 27-6-90.E.1. of the Weld County Code for review and approval. (Department of Planning Services, Sheriffs Office) B. The applicant shall submit an on-site (Private) Improvements Agreement that addresses all improvements associated with this development for review and approval. (Departments of Planning Services and Public Works) C. The applicant shall submit development covenants for Winterset Estates PUD. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. The covenants shall also address signage requirements and refer to the Weld County Code as delineated in the PZ-1077 application materials. (Department of Public Health and Environment) D. The applicant shall submit to Public Works stamped, signed and dated final plat drawings. (Department of Public Works) E. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway/construction and grading plan drawings for review and approval. Construction details must be included. Stop signs and streetway sign locations must be shown on the final roadway construction plans. (Department of Public Works) F. The applicant shall provide a pavement design prepared by a professional engineer along with the final plan submittal. (Department of Public Works) G. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of the Weld County Code. (Department of Planning Services) H. Easements shall be delineated on the final plat in accordance with County standards (Sec.24-7-60) and Utility Board recommendations. (Departments of Planning Services and Public Works) Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. The final drainage report must include the following: 1) A flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. 2) 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. 3) The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final application. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. (Department of Public Works) PZ-1077 Markham PUD 9 pews- J. The applicant shall submit evidence to the Weld County Department of Planning Services with the final plan application that all proposed street names and lot addresses have been submitted to the Berthoud Fire Protection District, the Weld County Ambulance Services Department and the Post Office for review and approval. The final plat shall indicate an approved street name. (Department of Planning Services) K. The applicant shall submit 3 copies of the Bylaws and Articles of Incorporation for the Homeowners Association for review and approval. (Department of Planning Services) L. The applicant shall contact the Vegetation Weed Management Specialist with the Weld County Public Works Department at (970) 356-4000 ext 3770 to develop a weed management plan. The approved plan shall be included in the Final Plan application. (Department of Planning Services) M. The applicant shall address the requirements of the Weld County Sheriffs Office as outlined in their referral dated October 15, 2004. Written evidence of such shall be provided to the Department of Planning Services. (Weld County Sheriffs Office) N. The applicant shall address the requirements of the Little Thompson School District in regards to the school bus/pick up and drop-off as outlined in their referral dated November 4, 2004. Written evidence of such shall be provided to the Department of Planning Services. (Little Thompson School District) O. The applicant shall provide written evidence that their requirements have been addressed in regards to mail pick-up and drop off locations. (Department of Planning Services) P. The applicant shall address the requirements of the Berthoud Fire Protection District as outlined in their referral dated October 8, 2004. Written evidence of such shall be provided to the Department of Planning Services. (Berthoud Fire Protection District) Q. The applicant shall provide written clarification in regards to how the stormwater retention storage area will be maintained and how the stormwater retention storage area will be accessible to the homeowners association. (Department of Planning Services) 6. Prior to recording the final plat: A. Original copies of the approved covenants and Bylaws and Articles of Incorporation for the Homeowners Association along with the appropriate recording fee (currently $6 for the first page and $5 for subsequent pages) shall be submitted to the Weld County Department of Planning Services. The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the state. (Department of Planning Services) B. The applicant shall enter into an on-site Improvements Agreements According to Policy Regarding Collateral for Improvements. These agreements shall be approved by the Board of County Commissioners. (Departments of Planning Services and Public Works) C. 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). PZ-1077 Markham PUD 10 DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE GREELEY, COLORADO 80631 IWEBSITE: www.co.weld.co.us CE-MAIL: cgathmanco.weld.co.us PHONE (970)353-6100, FAX (970) 304-6498 COLORADO December 9, 2004 Harvey Markham 650 Highway 56 Berthoud, CO 80513 Dear Mr. Markham, Planning Staff and referral agencies have reviewed your application and have determined that the following issues need to be addressed prior to Planning Commission hearing the case: 1) Additional preliminary drainage report information as required by the Department of Public Works shall be submitted for their review. Public Works had expressed concerns with the disparity of lots on the preliminary drainage report versus the number of lots proposed for the PUD. 2)A geotechnical report with information regarding percolation rate and/or soil boring findings shall be submitted to the Department of Public Health for review. 3)An updated water service agreement/commitment from the Little Thompson Water District to serve the proposed six lots. 4)An amended site map should be submitted showing the revised layout of the lots, road and cul-de-sac should be submitted if you choose to amend the layout of the subdivision prior to the Planning Commission hearing. The site map does not need to be a surveyed map. The Department of Planning Services will either request a specific hearing date during which the case will be reheard or continue the case indefinitely depending on when the additional information is submitted and the length of review time required by the referral agencies to review this information. If you have any questions please feel free to call me or e-mail me. Sincerely, s9.54� Chris Gathman Planner II -AICP CC: Peter Schei— Public Works Pam Smith— Public Health & Environment PZ-1077 File a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 918 10th STREET GREELEY, COLORADO 80631 WIIDc. COLORADO September 30, 2004 Harvey and Olga Markham 650 Hwy 56 Berthoud, CO 80513 Subject: CZ-1077- Request for a Change of Zone from A(Agricultural)to PUD for 6 Residential lots with Estate uses, on a parcel of land described as Lot B of RE-3667; being part of the N2 NE4 of Section 19, T4N, R68W 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 December 21, 2004, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department, 918 10'"Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Towns of Berthoud, Johnstown and Mead Planning Commissions for their review and comments. Please call Berthoud at 970-532-3754; Johnstown at 970-587-4664;and Mead at 970-535-4477 for further details regarding the date,time,and place of these meetings. It is recommended that you and/or a representative be in attendance at the Towns of Berthoud, Johnstown and Mead Planning Commission meetings 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, Chris Gathman Planner II PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS April 4, 2005. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR PZ-1077 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign 1 jL, - Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this9U'day of I , 2005. WITNESS my hand and official seal. *CS P4" OIrr Notary Publictal �ALZNI{N t My Commission Expires: a , In '!t ! c -• ,i. `) . `_ ,. - t I\Ik). Ti ', 1 t ° Wfar _ �}. '_ .tit ,. • V ,. J ti. •* IALi Wuk NOTICE %attic • A PUBLIC HEARING CONCERNING c • "' Ltk �� e ' r;f" THIS PROPERTY WILL BE HELD AT: t 1 �(j �r 1 1A � • , 1 S( e. slit, . 1/ ON __ ..0 - a t _ _ - — 414,4•1 • I . C.��. ; q,�� nst�et ice+; A`�i 4�• ' ' ° - - - -- - - �.r•re �+2: ••)• ,- , �yr p"4:. ., �IQIIISI ,_. - QR 41{� 3/4 ; CASE NO -� . _: xt,r7! t ,Grp- • • y ` -jt' Pc.+ • r , $\' ,-t 4 FOR MORE INFORMATION CALL a; r -'v � '`•�' r , ti ,� 1' ,�' wl •,� W``► I . WELD COUNTY DEPARTMENT OF I , 4 ,� et‘47• *alt 'Vag S , h r i „R. ..N i \ � , ss �S �, � z ,, • , I 't � PLANNING SERVICES AT r:• � " " f' ` ` ,n�'' ,C z , ••,� {llyybt, (910)353 6100 et" 3530411,14\1, ' `: • . , \ "t+ .^' • 4 w :''-1;.-4. - • j! t i ,1. ,~�.n,..a. M . ) ' =' c'J C_ IS SN' ) L . }' • '44.41t �h ?• 3 4 .e \ ice i � ^. c ti�i4 k�, � 44t4t t "''''`���{KK((((( y ! T l4l�'ktbilrf.�jt. \2 -l '� •J 11� Tt fly like. ^ N • IN WI— I, t., _ tl�S e • . .a A• . 12rtir t ruer ': _ . r E • f - - — - • �/i �- > • _ i+ -: .: .,. _ ., is N►'vi_ r:.-. - cif{ • • • • , • �r r 1YeY � �• � ' le•. 1�.� I_..�1 ` } pi fl 'Cf/...A. i. -r _S-ii.1 r r � ri. . -I--r- • ;`• . r? y". �_ - - ». ._- - } '�^ �Y ••• -' �- r • •• Q'�_ M -r ' • . . �� • •.1 c ' - b - . tillags,•414.firjit.n. r • , siri4 1 2005 ` ..-7 Jay n �r • .F L� ti..N,V ;lam irk �i ., r , i $ W . : t-eatiaral - .yam r - ` .o • II / 4: • . .. AI I - vela ,.... A, ill ash C. <`;• _ :,ti • -3-A• 1.7.k' ' Y ! 1 � F� i v' b 7� • .f . �•• y S • _ , / ..,- H - . \ FIELD CHECK inspection date: 4/1/05 CASE NUMBER: PZ1-1077 APPLICANT: Markham (Winterset Estates) LEGAL DESCRIPTION: Lot B RE-3667;Part of N1/2, NE1/4 of Section 19, Township 4 North, Range 68 West of the 6th P.M., Weld County, CO. LOCATION: South of and adjacent to State Hwy 56, Approx. 1/4 Mile West of Weld County Road 3 Zoning Land Use N A (Agricultural) N Ag, 4 to 5 Residential Houses E A (Agricultural) E 4 to 5 residential houses S A (Agricultural) S Agricultural land (cropland) W A (Agricultural) W 4 to 5 residential houses COMMENTS: • Site slopes gently from immediately adjacent to Highway 52 to the south edge of the property. Vacant parcel. Existing single family residence with outbuildings on lot A of recorded exemption adjacent to the site. £ Chris Gathman, Current Planner Hello