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Weld County Referral
' July 27, 2005
111C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant MBM Enterprises LLC Case Number PZ-1089
Please Reply By August 25, 2005 Planner Kim Ogle
Project PUD Change of Zone for Nine(9) Estate Lots and 0.16 acres of open space
(Sierra Acres PUD)in the A(Agricultural)Zone.
Legal Lot B of RE-3006; part NE4 of Section 19, T6N, R66W of the 6th P.M.,Weld
County, Colorado.
Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392.
Parcel Number 0805 19 000057
r
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) October 4, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
'U We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: •
ii' l` 4/1(,),,Z,}/!./4:: i --Ctrs' t!,`..c:.r _.., [ I C.
Signature Date
Agency n, jL Cl
EXHIBIT
+Weld County Planning Dept. +918 10t Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304- 1
2005-3346 7R
a
Weld County Referral
W d County Planning Department July 27, 2005
wilp :1 :;
C.
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant MBM Enterprises LLC Case Number PZ-1089
Please Reply By August 25, 2005 Planner Kim Ogle
Project PUD Change of Zone for Nine (9) Estate Lots and 0.16 acres of open space
(Sierra Acres PUD) in the A(Agricultural)Zone.
Legal Lot B of RE-3006; part NE4 of Section 19, T6N, R66W of the 6th P.M., Weld
County, Colorado.
Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392.
Parcel Number 0805 19 000057
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) October 4, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
(� '`� \ Date a c
Signature , -3 -O J
Agency \,./ G Lt)
EXHIBIT
+Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-64 I -
Applicant: MBM Enterprises LLC
Planner: Kim Ogle Case#: PZ: 1089
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West Greeley Consrvation District •
(970) 356-8097
Case Number: PZ-1089
Applicant: MBM Enterprises LLC
Planner: Kim Ogle
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
Map Shallow ,I Dwellings Dwellings with Small Septic Tank Prime Farm
Symbol Soil Name Soil Texture Excavations without basements Commercial Absorption Land (if Additional Comments
basements Buildings Fields irrigated)
4 Aquolls Flooded Severe Severe Severe Severe Severe No
32 Kim Loam Slight Slight Yes
33 Kim iLoam Slight ;Slight No
.
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I I
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I
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils
description consult the Weld County Soil Survey or contact our office at(970) 356-8097. If you or the applicant have any questions please feel free to
call our office.
u\\f K\.1IIIIN
Produced by the West Greeley Conservation District
•
OFFICE OF COMMUNITY DEVELOPMENT
a 1 Planning Division
.� 1100 10th Street, Suite 202, Greeley,Colorado 80631 • (970)350-9780• Fax(970)350-9800
• www.greeleygov.com
City of
Greeley
August 8, 2005
Kim Ogle
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Subject: PL-1089
Mr. Ogle:
Thank you for the opportunity to review this change of zone for a 9 residential estate lot and 2 non-buildable
agricultural lot PUD. The City of Greeley Planning staff has reviewed the application for this PUD change of
zone from MBM Enterprises, LLC, south of and adjacent to State Hwy 392 and west of and adjacent to WCR
27 and wish to forward the following comments:
In the interest of safety on Weld County roads, it is suggested that the 7 proposed accesses onto this property
r within a'/z mile distance be combined into four. The existing agricultural access on the south edge of the
proposed PUD could be combined with the existing ditch access on the south side of the number 2 canal to
create one access. The existing Oil/Gas access could be combined with the entrance to the proposed
subdivision without limiting access to the existing oil and gas facilities as shown on the sketch plan map. The
existing agricultural access on the north edge of the proposed PUD which is 50' from the intersection of HWY
392 and WCR 27 could be combined with the proposed agricultural and emergency access which would make
this access approximately 200' from the intersection of HWY 392 and WCR 27. This would reduce the access
off of WCR 27 from seven to four accesses, and help eliminate a dangerous access near an intersection.
The proposed PUD is within the City of Greeley's Long Range Expected Growth Area(LREGA) and the
Greeley Municipal Area of Influence(GMAI).
The Greeley Public Works Department noted a reservation of a minimum of 60' of right-of-way from the
centerline of WCR 27 would be appropriate to facilitate future development of this area if the proposal is
approved. If the proposal is approved by the County the appropriate setbacks under the applicable zone should
also be maintained within the subdivision.
Sincerely,
MOUT
Ka E;I
P1. 'I chnician I
SERVING OUR COMMUNITY • I T ' S A TRADITION
be promise to preserve and Improve die ratty of lfe for Sreeley lErouyE timely, courteous and cost effectioe service.
�rald County Planning Departme
GREELEY OFFICE Arp � AUG X 9 2005
MEMORANDUM RECEIVED
TO: Kim Ogle,Planning Manager DATE: 08-August-2005
WIlDge
FROM: Peter Schei, P.E.,Publi X Department
COLORADO SUBJECT: PZ-1089 Sierra Acres PUD (Zone Change)
Weld County Public Works Department has reviewed this Zone Change plan request. Comments made during this
phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the
remaining application process.
Comments
General Comments:
❑ The Sierra Acres PUD Subdivision is planned for up to 9 single-family residential building sites.
❑ Public Works has received a Engineering Geology Report for a Proposed Subdivision Part of the E%:of the Section 19, Township
6 North, Range 66 West of the 6th P.M. — Weld County, Colorado, dated July 26, 2004,by Thomas W. Finley, C.P.G. with Terra
Logics Consulting,LLC(Job No.04-1032).
o The report suggests:
▪ "Drilled pier (caisson)foundations and structural floor systems are appropriate where moderately, and
higher, swelling claystone and shale are located within foundation influence zones."
▪ "Site specific geotechnical investigations are recommended for each structure to determine soil strengths,
swell potentials and groundwater levels."
• Additionally, the report recommends a separate geotechnical investigation for pavement design based on
the appropriate soil and traffic conditions.
External Roadways:
❑ This development will introduce 86 additional vehicle trips per day to the off-site roadway system based on 9 single-family
residential homes. Based on the proposal of limited development and anticipated low transportation impact on surrounding roads,
a traffic study is currently not required.
Li CR 27 is classified by the County as a Strategic Roadway and an arterial road(Weld County Roadway Classification Plan, June
2002) adjacent to the proposed development requiring a /40-foot right-of-way. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified,
it will be dedicated on the final plat.
o CR 27 serving this development is paved and under the jurisdiction/maintenance of Weld County.
o Should off-site improvements be required, the applicant shall enter into an agreement with the County to
proportionately share the cost of improving CR 27 at the final plan stage.
❑ SH 392 is under the jurisdiction and maintenance of CDOT adjacent to this development. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be
verified, it will be dedicated on the final plat. SH 392 is paved. The applicant shall coordinate with CDOT concerning right-of-
way and any required roadway improvements with the change of zone application submittal.
Internal Roadways:
❑ Internal roads are required to meet Weld County criteria for a PUD. The internal roadway right-of-way shall be sixty(60)feet in
width including cul-de-sacs with a sixty-five(65)foot radius, and dedicated to the public. The typical section of interior roadway
shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat. The cul-de-sac edge of
r. pavement radius shall be fifty(50)feet. The roadside drainage shall be contained within the right-of-way.
❑ The applicant shall prepare a pavement design prepared by a professional engineer submitted with the final plan materials.
Page 1 of 2 EXHIBIT
I --�
❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and / or Utility Board
recommendations.
Intersection sight distance triangles at the development entrance(s) will be required. All landscaping within the triangles must be
less than 3%feet in height at maturity,and noted on the final roadway plans.
❑ The applicant shall submit to Public Works stamped,signed and dated final plat drawings and roadway/construction& grading
plan drawings for review with the final plan application and approval. Construction details must be included.
❑ Stop signs and street name signs will be required at all intersections and shown as a signing plan on final roadway plans. The
current edition of the Manual on Uniform Traffic Control Devices(MUTCD)shall govern the signing plan.
❑ The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for(on-site) Improvements with
the final plan application. These agreements must be reviewed by Public Works and shall be approved by the Board of County
Commissioners(BOCC)prior to recording any final plat.
Drainage•
❑ Drainage Design Considerations for Sierra Acres P.U.D. — Change of Zone Application, dated July 20, 2005, by Mary B.
Wohnrade,P.E.(Colorado PE#30325)with Wohnrade Civil Engineers,Inc. (Project Number: 0413.00-MBM)is satisfactory.
❑ A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted
with the final plan application. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows
both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm
developed condition while releasing the 5-year storm existing condition. The final drainage report shall include a flood hazard
review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date.
The development site shall be located on the copy of the FEMA map.
❑ The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final plan application.
Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales
shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage
mitigation.
❑ Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a
professional engineer licensed in the State of Colorado shall be submitted with each final plan (phase) application. These plans
(stormwater management plans)may be based on Urban Drainage methodology.
Recommendation
❑ The Public Works Department recommends approval of this change of zone plan based on the above observations.
The applicant shall address the comments listed above at the specific step of the review process stated. The review
process will continue only when all appropriate elements have been submitted. Any issues of concern must be
resolved with the Public Works Department prior to recording the change of zone and final plat.
* PC: PK-1089 Sierra Acres PUD (Sketch Plan)
�'mrail&Original: Planner: Ogle
'by Post: Applicant: Todd Hodges Design, LLC
PC by Post: Engineer: Wohnrade Civil Engineers, Inc.
Page 2 of 2
FROM : NEW CACHE FAX NO. : 9703520226 Rug. 10 2005 02:36PM P1(fe Weld County Referral
July 27, 2005
ill I p
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
•
Applicant MBM Enterprises LLC Case Number PZ-1089
Please Reply By August 25, 2005 Planner Kim Ogle
Project PUD Change of Zone for Nine(9) Estate Lots and 0.16 acres of open space
(Sierra Acres PUD)in the A(Agricultural)Zone.
Legal Lot B of RE-3006; part NE4 of Section 19, T6N, R66W of the 6th P.M.,Weld
County, Colorado.
Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392.
Parcel Number 0805 19 000057
The application is submitted to you for review.and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request Please note that new
information may be added to applications under review during the review process. if you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing(if applicable) October 4, 2005
a We have reviewed the request and find that it does I does nohcomply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
•
Comments: r �t� &L
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7401 (a.�,^ tf t sty , - 'te r� .`firwe . V
Signature , 2' o .os Date -i
Agency YlNNA(, 414.4. (a eccad i-as Sufi- . re> .
(1
EXHIBIT
+Weld County Planning Dept 091810'"Street,Gree
ley,CO.80631 4(970)353-6100 ext.3540 0(970)304•=
Wad 139,2_
Weld County Referral
Weld C 'u,� MI , Department
RECEIVED ON
�' "��v�'I' ICE
C ;:vLG - 1 2005 AUG 15 2005
CDOT Region 4 Traffic Section, RECEIVED
,ED
COLORADO K ` v
The Weld County Department of Planning Services has received the following item for review:
Applicant MBM Enterprises LLC Case Number PZ-1089
Please Reply By August 25, 2005 Planner Kim Ogle
Project PUD Change of Zone for Nine (9) Estate Lots and 0.16 acres of open space
(Sierra Acres PUD) in the A(Agricultural)Zone.
Legal Lot B of RE-3006; part NE4 of Section 19, T6N, R66W of the 6th P.M., Weld
County, Colorado.
Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392.
l' s Sl Number 0805 19 000057
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) October 4, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
ment
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+Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
J�IOiA
Kit cite. 0 DEPARTMENT OF PLANNING SERVICES
BUILDING INSPECTION
NORTH OFFICE
918 10th Street
GREELEY, COLORADO 80631
I
PHONE (970) 353-6100, EXT.3540
WI D FAX (970) 304-6498 SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT CO 80504
COLORADO PHONE (720)652-4210 ext. 8730
FAX (720)652-4211
August 16, 2005
MBM Enterprises LLC
PUD Change of Zone for Nine (9) Estate lots and 0.16 acres of open space (Sierra Acres PUD) in the A
(Agricultural)Zone.
PK-1089
1. A separate building permit shall be obtained prior to the construction of any structure including the bus
shelter, mail kiosk and any future entry way and or gates.
2. A plan review is required for each building for which a building permit is required. Two complete sets of
plans are required when applying for each permit. Residential building plans may be required to bear the wet
stamp of a Colorado registered architect or engineer.
3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit
application. Current adopted codes include the 2003 International 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.
4. Each residential 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.
5. 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 the Zoning
Ordinance.
6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose
of determining the maximum building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height
shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property lines shall be
clearly identified and all property pins shall be staked prior to the first site inspection.
Please contact me for any further information regarding this project.
Sinc ely,
EXHIBIT
oger igir
Building Official I
Weld County Sheriffs
Office
M e rtio Weld County Planning Department
C?EELEY OFFICE
To: Kim Ogle AUG 1 7 2005
From Ken Poncelow i C E I V E D
Date: August 17,2005
Re: PZ-1089
The Sheriffs Office recommends the following improvements for this housing sub-division:
1. The Sheriffs Office requests that builders and developers designate an area by the entrance of
the sub-division in which to place a shelter for school children awaiting the school bus. This
area should also include a pull off for the school bus which enables it to safely load and unload
children out of the roadway.
2. Either mail distribution within the sub-division or a central drop off location within the sub-division
should be developed so that residents do not have to cross a county road to obtain their mail.
3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the
sub-division, address, and a graphical presentation of the roadways within the subdivision.
There should be a plan developed to maintain this sign.
4. If the roadways within this sub-division are not maintained or adopted by the county, individuals
purchasing property in this sub-division should be notified that the Sheriffs Office will have
limited traffic enforcement powers.
5. A plan should be developed to maintain roadways within the sub-division especially during
inclement weather conditions for emergency vehicles.
6. The Sheriff's Office is very supportive of homeowner funded homeowner's associations. These
associations provide a contact for the Sheriffs Office and a means of maintaining common
areas.
7. If there are oil or gas production facilities within this sub-division,they need to be fenced off in
order to mitigate the potential for tampering. These facilities are known to create an attractive
nuisance for young people. Tampering not only creates a significant danger to safety but also of
environmental damage with extensive mitigation and clean-up costs.
8. The names of all streets within the sub-division should be presented to the Sheriffs Office for
approval. This will eliminate duplication of street names within the county. The street name in
this subdivision is approved.
The Sheriffs Office lacks the ability to absorb any additional service demand without the resources
recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as
indicated by growth not considered at the time the plan was developed. I have no other comments on this
proposal.
EXHIBIT
1 y
Weld County Planning Department
GREELEY OFFICE
SEP - 2 2005
RECEIVED
rat Memorandum
TO: Kim Ogle, W.C. Planning
DATE: August 24, 2005
C FROM: Pam Smith, W.C. Department of PublicJ 6l
COLORADO
Health and Environment •( �
CASE NO.: PZ-1089 NAME: MBM Enterprises/Sierra Acres
The Weld County Health Department has reviewed this proposal. The applicant proposes a 9 lot
PUD on 69.4 acres. The minimum lot size is 2 acres, and coupled with the overall density of one
septic system per 7.7 acres does meet current Department policy.
The application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer
service. The application states the water will be supplied by North Weld County Water District. A
letter of intent from North Weld County Water District has been included in the application materials.
Sewer will be provided by individual sewage disposal systems.
No new percolation data was submitted with the Change of Zone application. The Sketch Plan
comments are included here:
The preliminary percolation data conducted by Terra Logics Consulting and dated July 26, 2002
indicates that most if not all of the site will be suitable for conventional septic systems. A percolation
test was conducted on Outlot 1 which found the percolation rate to be 240 minutes per inch. This
indicates an engineered septic system will be required (in that location). However, the Department
understands that this Outlot is non-buildable. The Department requests that the applicant designate
two septic system envelopes on each lot, and that the secondary absorption field envelope be
preserved in a manner that will allow its future use. The Department further recommends that
language for the preservation and/or protection of the second absorption field envelope shall be
placed in the development covenants. The covenants should state that activities such as
landscaping (Le. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds,
etc.) activities are expressly prohibited in the designated absorption field site.
The application states that the 'development proposes the ability of each lot to have Auxiliary
Quarters as defined by Weld County Code Section 23-1-90 (Specific Development Guide, pgs. 1 and
4). This definition shall be adhered to with the exception of the 2.5 acre lot size." Section 23-1-90 (d)
states: ...The minimum lot size shall be no less than two and one-half(2Y:) acres. It appears that
only Lots 1 and 2 meet this definition.
It should be noted that there is a Confined Animal Feeding Operation (the Podtburg Dairy)adjacent to
the property to the south of this proposed development. A note should be placed on the plat notifying
residents that there may be flies and odors associated with these activities.
It should also be noted that the drainage report dated July 20, 2005 by Wohnrade Civil Engineers,
Inc. locates the detention pond for the development on Outlot 3, on the south side of Greeley No. 2
Canal. The Department questions the feasibility of this location.
EXHIBIT
13
•
The Department recommends approval with the following conditions:
1. Water service shall be obtained from North Weld County Water District
2. 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.
3. Primary and secondary septic envelopes shall be placed on each lot. All septic system
envelopes must meet all setbacks, including the 100-foot setback to any well.
4. 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.
5. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
6. 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.
7. 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.
8. 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.
9. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code
shall be placed on any recorded plat.
10. There are Confined Animal Feeding Operations in close proximity to this development.
Residents should be aware that there may be flies and odors associated with these
activities.
O:\PAM\Planning\sketch\PK-1089 MBM Enterprises.RTF
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER.of'coco
Division of Water Resources
f.
Department of Natural Resources
1313 Sherman Street, Room 818
Denver,Colorado 80203 AU Ust 19, 2005 �'1876•
Phone(303)866-3581 g
. FAX(303)866-3589 Weld County Planning Department Bill Owens
ww ..water.state.co.us GREELEY OFFICE Governor
Russell George
Mr. Kim Ogle
AUG 2 4 2005 Executive Director
Weld County Planning Department Stat o Simpson,
ginee n,P.E.
918 10th Street RECEIVED
Greeley, Co 80631
Re: Sierra Acres PUD
Case No. PZ-1089
NE1/4 of Sec. 19, T6N, R66W, 6th P.M
Water Division 1, Water District 3
Dear Mr. Ogle:
This referral for a change of zone does not appear to qualify as a "subdivision" as
defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March
4, 2005 memorandum to county planning directors, this office will only perform a cursory review
of the referral information and provide comments.
Additionally, we have previously commented on the above-referenced proposal to
subdivide a 69.36-acre parcel into 9 single-family residential lots by our letter dated March 28,
2005 (copy attached). Information from this referral material indicates that the North Weld
County Water District (District) is still listed as the water provider for the residential lots.
According to the referral information, a letter dated November 29, 2004 from the District was
included, however, the letter of commitment from the District was not attached.
Since no changes in the water supply for this subdivision were identified in this submittal,
the comments from our letter dated March 28, 2005 are still applicable.
If you have any question in this matter please contact loana Comaniciu of this office.
Sincerely,
n
t�) Dick Wolfe, P.E.
Assistant State Engineer
Attachment: Subdivision letter dated March 28, 2005
cc: Jim Hall, Division Engineer
George Varra, Water Commissioner, District 3
Water Supply Branch
DW/IC/Sierra Acres PUD
1
STATE OF COLORADO
eMFFICE OF THE STATE ENGINEER c.C
division of Water Resources
27%_,
Department of Natural Resources h
* gi 49
1313 Sherman Street,Room 818 M Ch 28,2005 +1676+*
Denver,Colorado 80203
Phone(303)866-3581 eid County Plannin
FAX(303)866-3589 B Department Bill Owens
GREELEy OFFICE Governor
www.water.state.co.us
Mr. Kim Ogle AUG 2 4 Russell George
Weld County Planning DepartmentHal D.205 Executive Director
918 10th Street , "" r�- State Engineer P.E.Greeley,Co 80631 W
" Pp
Re: Sierra Acres PUD
Case No. PK-1089
Sec. 19,T6N, R66W, 6th P.M
Water Division 1,Water District 3
Dear Mr. Ogle:
We have reviewed the above referenced proposal to subdivide a 69.36-acre parcel into nine
single-family residential lots. The daily water requirements were estimated to be 5,625 gallons for
household use. No other water requirements were identified. The North Weld County Water District
("District") has been proposed as the source of water and a letter from the District indicating costs and
terms has been submitted. However, it is not clear from this letter if the District has committed to service
this property.
From the terms of the District's letter, a 12-inch waterline will have to be constructed for which the
developer must pay a portion of the costs. These construction costs are a part of an "Infrastructure
Enhancement Fee", which must be approved by the District's Board of Directors before approval of a
Water Service Agreement. Based on current information on file in this office, the District will typically
furnish 70% of an acre-foot (228,000 gallons) of water per tap per annual water year if the allotment for
the Colorado-Big Thompson (CBT) project water, as determined by the Northern Colorado Water
Conservancy District, is 50% or greater. The District will restrict the delivery as necessary when the CBT
allotment is less than 50%.
Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion that
with the District as the water supplier, the proposed water supply may be provided without causing
material injury to existing water rights and the supply is expected to be adequate, provided the applicant
obtain a letter of commitment for service from the District for this development. We recommend that the
County obtain a signed copy of the water service agreement from the District prior to the final approval of
the subdivision.
If you have any question in this matter please contact Megan Sullivan of this office.
-rely,
' I
•slck Wol e, P.E.
Assistant State En ineer
cc: Jim Hall, Division Engineer
George Varra,Water Commissioner, District 3
Water Supply Branch
Subdivision File ✓
DW/MAS/Sierra Acres PUD
AUG-25-2005 THU 10:01 AM WINDSOR SCHOOL DISTRICT FAX NO. 970 686 5280 P. 01/01
" ant.
Weld County Referral
' July 27, 2005
�e
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant MBM Enterprises LW Case Number PZ-1089
Please Reply Sy August 25, 2005 Planner Kim Ogle
Project PUD Change of Zone for Nine(9) Estate Lots and 0.16 acres of open space
(Sierra Acres PUD)in the A(Agricultural)Zone.
Legal Lot B of RE-3006; part NE4 of Section 19,TSN, R66W of the 6th P.M.,Wald
County, Colorado.
Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392.
Parcel Number 0805 19 000057
The application is submitted to you for reviewand recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
Information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) October 4,2005
O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
^g We have reviewed the request and find no conflicts with our Interests.
O' See attached letter.
Comments: �
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I ,
08/28/2005 13: 13 FAX 970 686 7180 TOWN OF WINDSOR a 001/007
Town of Windsor Planning Department NlINDS R
inyn
301 Walnut Street, Windsor, Colorado 80550
Phone 970/686-7476 Fax 970/686-7180 \\its,t =rte
COLO:` '
Fax Transmittal
Page 1 of ,/
Pate: Auoust 26, 2005
e, (including this page)
To: Kim Ogle
Fax#: 970-304-6498
From: Diana Lonergan, Associate Planner
Subject: PZ-I089 MBM Enterprises, LLC - Windsor staff referral comments
The Town of Windsor Plarming Commission is scheduled to consider this project at their regular
meeting of September I. 2005. Attached please find a copy or the meeting agenda and staff
recommendation to the Windsor Planning Commission regarding the above-mentioned project.
Please be advised that the staff recommendation is simply for your preliminary information and
should not be considered to be the Town's Ihnual referral comments. The fonnal Town of Windsor
Planning Commission referral comments will be forthcoming following the meeting.
Please feel free to contact me if you have any questions or need further information.
Thanks,
Diana Loncrgan
Associate Planner
EXHIBIT
14
8/23/2005 4:43 I'Vt
08/26/2005 13: 13 FAX 970 686 7180 TOWN OF WINDSOR fgLj. 002/007
NOTE TO APPLICANTS: This agenda is considered tentative and may he revised at any time prior to the
meeting. Applicants are advised to be resent at 7:002.m. Final agendas will be available at the meebn .
wreV r ,•t .
�r .r - k 6 t ikk w
• WINDSOR PLANNING COMMISSION
TOWN HALL, 301 WALNUT STREET
THURSDAY, SEPTEMBER 1, 2005
WORK SESSION
FIRST FLOOR CONFERENCE ROOM
6:00 P.M..
6:00-6:40 p.m. Discussion of oil amd gas regulations
6:40-6:55 pm. Discussion of building height definition
REGULAR MEETING
BOARD ROOM
7:00 P.M.
Chairman Gale Schick, presiding
1. Call to Order
2. PUBLIC INVITED TO BE HEARD
3. Consent Calendar* -Approval of the minutes of August 17, 2005
a. Approval of the minutes of August 17, 2005
h. Weld County referral — Recorded Exemption (RE-4210) — Terry Dye,
Dyecrest Dairy. LLC, applicanUSharyn Frazer, AgProlcssionals, LLC,
applicant's representative
c. Weld County referral — Recorded Exemption (RE-4211) ••- Terry Dye,
Dyecrest Dairy, LLC, applicant/Sharyn Frazer, Agprofessionals, LLC,
applicant's representative
4. Public Hearing — Eastbrook Annexation No. 3 — Eastbrook investments, LLC,
applictmt/John Vazquez, JCB Engineering, LLC, applicant's representative — S.
• Ballstadt
5. Public hearing— Rancho Water Valley First and Second Annexations Epicenter,
Li..C, applicant/John Vazquez, JCB Engineering, LLC, applicant's representative -
D. Lonergan
6. Public Hearing— Windsor Highlands Tenth Annexation — Jon Turner, Fairgrounds
Business Park, LLC, applicant/Dino DiTullio and Barbara Moilicn, applicant's
representative -• S. Ballstadt
08/26/2005 13: 13 FAX 970 696 7180 TOWN OF WINDSOR 8 003/007
7, Site Plan Presentation -- Garden Valley Veterinary Hospital - A portion of Windsor
Village Fourth Annexation - Rick Dumm, Smart Holdings, LLC, applicant/North
Star Design, inc.. applicant's representative D. Lonergan
8. Larirncr County referral - Fossil Point Subdivision (05-52468), GDP/SUB (05-
52441) and Rezoning (05-21559)--,ID Padilla, applicant-• S. Ballstadt
9. Weld County referral — Sierra Acres PLJD Change of Zone (PZ-1089) — Anthony
Brigham and JR McEntee, M.13M Enterprises, LLC, applicant/Todd Hodges
Design, LLC, applicant's representative—D. Lonergan
10. Recommendation to Town Board — Water Valley South Subdivision, Tract O
Lighthouse Point Condominiums — Martin Lind, Trollco, Inc., applicant/Jon Moser
and Jason Sherrill, Design One, applicant's representative - S. Ballstadt
11. Communications from the Planning Commission
12. Communications from Town Board liaison
13. Communications from the staff
14. Adjourn
* Please note that items on the Consent Calendar will not he discussed unless requested by
the Planning Commissioners or by tt ilcants who have business listed on the Consent
Calendar.
Upcoming Meeting Dates
Thursday, September 1.2005 6:00 P.M. Work session to discuss building
height definition and oil and gas
regulations
'Thursday, September 1. 2005 7:00 P.M. Regular Planning Commission meeting**
Wednesday,September 21,2005 7:00 P.M. Regular Planning Commission meeting**
'1'hutsday,October 6.2005 7:00 P.M. Regular Planning Commission meeting**
Monday,October 17,,2005 6:00 P.M. Joint work session with Town Board to
discuss East Side industrial Plan and
Comprehensive Plan update
Wednesday,October 19. 2005 7:00 P.M. Regular Planning Commission meeting**
'Thursday,November 3,2005 6:00 P.M. Work session to discuss 2006 budget
'Chursday,November 3 2005 7:00 P.M. Regular Planning Commission meeting**
** Does not include any Planning Commission work sessions which may be requested and may
also be scheduled for these dates.
08/26/2005 13: 13 FAX 970 686 7180 TOWN OF WINDSOR 004/007
Item 9
TO: Windsor Planning Commission ....
FROM: Diana Lonergan, Associate Planner;_-LY' r )
VIA: Joseph P. Plummer, AICP, Director ofPlantti%ng„
DATE: August 26, 2005
SUBJECT: WELD COUNTY REFERRAL--SIERRA ACRES
PUD CHANGE OF ZONE (PZ-1089) -ANTHONY
BRiG:HAM AND JR MCENTEE, MBM
ENTERPRISES, LLC, APPLICANT/TODD HODGES
DESIGN, TLC, APPLICANT'S REPRESENTATIVE
LOCATION: The southwest corner of State Highway 392 and Weld
County Road 27
I.,AND USE PLAN
DEPICTION: Community Separator
RECOMMENDATION: Staff recommends that the Planning Commission forward a
recommendation of approval to the Weld County
Department of Planning Services subject to the following
conditions.
BACKGROUND:
As you will recall, at the regular Planning Commission meeting of April 7, 2005, the subject
property was reviewed under the project name PK-1089 — PUD Sketch Plan (please see
attached minutes.) The current presentation is the change of zone for the same property and
the three conditions that were required for the sketch plan are reiterated for this change of
zone application.
DISCUSSION:
The applicants, Mr. .IR McEntee and Mr. Anthony Brigham, represented by Mr. Todd
Hodges of'rodd Hodges Design, LLC are requesting approval of a Change of Zone in order
to rezone approximately sixty-nine (69) acres. The applicants propose to subdivide the
sixty-nine (69) acres into nine (9) single-family residential lots and four (4) outlots, The
minimum buildable lot size is two (2) acres and the maximum buildable lot size is three (3)
acres, for an average lot size of 2.61 acres- The four (4) outlots total approximately forty-
two (42) acres. Each buildable lot would have an individual septic system.
The property is located at the southwest corner of State .Highway 392 (514 392) and Weld
County Road 27 (WCR 27). This subject property is outside the Town's Growth
Management Area and on the eastern edge of the Town's Community Influence Area. The
subject property is depicted as Community Separator on the 'T'own's Land Use Plan map.
Since the Windsor Comprehensive Plan states that the C'.orrununity Separator land use
depiction provides for areas of open space and open lands which generally have little or no
development, with the exception of agricultural activities, the proposed use and density
appears to be consistent with Windsor's comprehensive plan.
08/26/2005 13: 13 FAX 870 886 7180 TOWN OF WINDSOR 1005/007
Item 9
Based upon the proposed use being consistent with the Community Separator land use
depiction of Windsor's comprehensive plan, staff recommends that the Planning
Commission forward a recommendation of approval for the Change of Zone (PZ-1089) to
the Weld County Department of Planning Services based on the following conditions.
1. The applicant shall dedicate additional right-of-way along Weld County Road 27
in accordance with Weld County's Standards.
2. The applicant shall dedicate additional right-of-way along SH 392 in accordance
•
with CDOT's standards.
3- The applicant shall delineate the "Greeley No. 2 Ditch" easement as also being a
"public trail easement".
pc: Anthony Brigham
applicant
John McEntee
applicant
Todd Hodges,Todd 1-lodges Design, LLC:,
applicant's representative
08/28/2005 13: 13 FAX 970 686 7180 TOWN OF WINDSOR 006/007
Item 9
WINDSOR PLANNING COMMISSION
APRIL 7, 2005
Chairman Gale Schick called the Windsor Planning Commission meeting to
order on April 7, 2005 at 7:00 p.m. Members present were Victor Talton, Paul
Ehrlich, Jr., Colleen Berens, Matthew O'Neill, Travis Haws, and John Titre. Town
Board Liaison Mark Weeks was present. Director of Planning Joseph Plummer,
Senior Planner Scott Ballstadt, Associate Planner Diana Lonergan, and
Management Intern John Nelson were present.
WELD COUNTY REFERRAL — PUD SKETCH PLAN (PK — 1089) FOR NINE
RESIDENTIAL LOTS AND TWO NON-BUILDABLE AGRICULTURAL PARCELS
- ANTHONY BRIGHAM AND JR MCENTEE, MBM ENTERPRISES, -LLC
APPLICANTS/TODD HODGES, TODD HODGES DESIGN, LLC, APPLICANT'S
REPRESENTATIVE
Ms. Anne Best Johnson of Todd Hodges Design, 1269 N. Cleveland
Avenue, Loveland, applicant's representative, noted that the proposed
subdivision includes nine residential lots averaging from 2 '/: acres to 5 acres,
with the remainder of the 70 acre site remaining in agricultural outlots. Ms.
Johnson noted that the property is located south of and adjacent to SH 392 and
west of CR 27. Ms. Johnson noted that there will be a mail kiosk and a school
bus stop as part of the subdivision. Ms. Johnson added that the applicants have
no concerns with the conditions recommended for this application.
Ms. Lonergan noted that the subject property is located within the Community
Separator on the Land Use Plan map and the proposed use is consistent with this
depiction. Ms. Lonergan noted that staff recommends that the Planning
Commission forward a recommendation of approval of the PUD Sketch Plan (PK —
1089) to the Weld County Department of Planning Services with the following
conditions.
4. The applicant shall dedicate additional right-of-way along Weld County
Road 27 in accordance with Weld County's Standards.
5. The applicant shall dedicate additional right-of-way along SH 392 in
accordance with CDOT's standards.
6. The applicant shall delineate the "Greeley No. 2 Ditch" easement as also
being a "public trail easement".
Mr. Haws asked about the access to the northern, agricultural, outlot from the
cul-de-sac of the residential area and Ms. Johnson noted that this access is for
agricultural and possible oil and gas access, as well as a possible emergency
access.
08/28/2005 13: 13 FAX 970 686 7180 TOWN OF WINDSOR IJ007/007
Item 9
WELD COUNTY REFERRAL — PUD SKETCH PLAN (PK -- 1089) FOR_ NINE
RESIDENTIAL LOTS AND TWO NON-BUILDABLE AGRICULTURAL PARCELS
- ANTHONY BRIGHAM AND JR MCENTEE, MBM ENTERPRISES LLC
APPLICANTS/TODD HODGES, TODD HODGES DESIGN, LLC, APPLICANT'S
REPRESENTATIVE (CONT'D't
Based upon staffs recommendation, Mr. Talton made a motion to
forward a recommendation of approval of the PUD Sketch Plan (PK
-- 1089) to the Weld County Department of Planning Services with
the following conditions.
1. The applicant shall dedicate additional right-of-way along Weld
County Road 27 in accordance with Weld County's Standards.
2. The applicant shall dedicate additional right-of-way along SH 392
in accordance with COOT'S standards.
3. The applicant shall delineate the "Greeley No. 2 Ditch" easement
as also being a "public trail easement".
Ms. Berens seconded the motion. Motion carried unanimously.
WINDSOR
“11.2,; Town of Windsor
- 301 Walnut Street • Windsor. Colorado 80550 • 970-686-7476 • Fax: 970-686-7]80 • iuieu'.windsorgoo.eam
COLO
Weld County Planning Department
GREELEY OFFICE
SEP 14 2005
RECEIVED
September 13, 2005
Mr. Kim Ogle
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
RE: PUD Change of Zone(PZ-1089)—MBM Enterprises, LLC
Dear Mr. Ogle:
The Town of Windsor Planning Commission reviewed the aforementioned referral at
its regular meeting of September 1, 2005. The applicants are requesting approval of a
Change of Zone in order to rezone approximately sixty-nine (69) acres. The applicants
propose to subdivide the sixty-nine (69) acres into nine(9) single-family residential lots
and four(4) outlots. The minimum buildable lot size is two (2) acres and the maximum
buildable lot size is three (3) acres, for an average lot size of 2.61 acres. The four (4)
outlots total approximately forty-two (42) acres. Each buildable lot would have an
individual septic system.
The property is located at the southwest corner of State Highway 392 (SH 392) and
Weld County Road 27 (WCR 27). This subject property is outside the Town's Growth
Management Area and on the eastern edge of the Town's Community Influence Area.
The subject property is depicted as Community Separator on the Town's Land Use Plan
map. Since the Windsor Comprehensive Plan states that the Community Separator land
use depiction provides for areas of open space and open lands which generally have
little or no development, with the exception of agricultural activities, the proposed use
and density appears to be consistent with Windsor's comprehensive plan.
Based upon the proposed use being consistent with the Community Separator land use
depiction of Windsor's comprehensive plan, the Town of Windsor Planning
Commission recommends approval of the aforementioned PUD Change of Zone (PZ —
1089) to the Weld County Department of Planning Services based on the following
conditions.
1. The applicant shall dedicate additional right-of-way along Weld County Road
27 in accordance with Weld County's Standards.
2. The applicant shall dedicate additional right-of-way along SH 392 in
accordance with CDOT's standards.
3. The applicant shall work with the Weld County Department of Planning
Services to have a thirty-foot (30') wide tract of land within the entire length of
the Greeley No. 2 Ditch easement adjacent to the subject property also
dedicated as a public trail easement.
Thank you for the opportunity to review this proposal.
Sincerely,
•
Diana Lonergan
Associate Planner
pc: Gale Schick, Chairman, Windsor Planning Commission
Joseph Plummer, AICP,Director of Planning
Anthony Brigham, applicant
John McEntee, applicant
Todd Hodges, Todd Hodges Design, LLC,
applicant's representative
Hello