HomeMy WebLinkAbout20050643.tiff REFERRAL LIST
NAME: Sherry Lawley CASE NUMBER: PZ-1043
REFERRALS SENT: September 21, 2004 REFERRALS TO BE RECEIVED BY: October 19, 2004
COUNTY
Ambulance Services TOWNS and CITIES
Attorney Ault
_X Health Department Berthoud
Extension Service Brighton
Emergency Management Office Broomfield
_X Sheriffs Office Dacono
_X Public Works Eaton
Housing Authority _Erie
Airport Authority Evans
_X Building Inspection Firestone
_X Code Enforcement Fort Lupton
_X Lin for Addressing Frederick
STATE Garden City
_X Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation _Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
_X Greeley Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 _Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
_X_Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins 2005-0643
_X School District RE-2 _X Greeley
Ditch Company - Longmont
HIBR
West Adams $b
COMMISSION/BOARD MEMBER I
_XOschner
Weld County Planning ,iartment
STATE OF COLORADO f;REELEY OFFICE CR44)0_
Bill Owens, Governor NUV U Lt 2004 DEPARTMENT OF NATURAL RESOURCES -;DIVISION OF WILDLIFE RECrdv'D AN EQUAL OPPORTUNITY EMPLOYER F
Bruce McCloskey, Director
6060 Broadway - For Wildlife-
Denver, Colorado 80216 For People
Telephone: (303) 297-1192
Scott Hoover,Northeast Regional Manager October 27, 2004
Colorado Division of Wildlife
6060 Broadway
Denver,Colorado 80216
Ms. Sheri Lockman, Planner
Weld County Department of Planning Services
918 10th Street
Greeley, Colorado 80631 Re: PZ-1043 Lawley PUD
Dear Ms. Lockman:
Enclosed you will find two letters,previously submitted by the Colorado Division of Wildlife, concerning the
above referenced development. Both letters were prepared by Larry Rogstad for our agency. The first letter, dated
July 10,2003, was sent to Kim Ogle upon review of the initial referral packet. The second letter, dated March 8,
2004, was sent to Jeff Couch, the Lawley's project engineer, after a follow up meeting with Mr. Couch and Mr.
Lawley. Mr. Rogstad reviewed the packet currently under consideration and made another site visit on October 21,
2004.
With regards to the PZ-1043 referral, the Division of Wildlife stands by the comments in the previous letters which
are enclosed. In the document titled, LAWLEY ESTATES P.U.D. SPECIFIC DEVELOPMENT GUIDE
September 15,2004 included in the referral package, The Division of Wildlife disagrees with statement 14
concerning wildlife removal. Rogstad's initial letter mentioned a diverse stand of vegetation, several species of
birds including two species of hawks seen during his initial visit,herptiles, cottontails, sign of predators, and use by
Black-tailed Prairie Dogs. The Prairie dog colony found on site indicates potential use by Burrowing Owls a state
and federally listed species, and Mountain Plover a species of special concern. This contrasts with the applicant's
assertion that, "no indigenous animal population"is found on site. Rogstad's observations and recommendations
in the July 2003 letter reflect the Division's hope that if the site is developed, the needs of wildlife will be
considered and steps will be implemented in an effort to retain as much quality wildlife habitat as possible.
As always, the Division of Wildlife appreciates the opportunity to review and comment on land use proposals in
Weld County. Please feel free to call on Lan-y Rogstad at 970-302-7394, or myself if we may be of further service.
Sincerely yo s,
rear- ,ccfmtal 443--zs-r5-N
Scott Hoover
Cc; John Hood, Scott Hoover, Larry Rogstad
DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director
WILDLIFE COMMISSION, Philip James, Chair•Jeffrey Crawford, Vice-Chair•Brad Phelps, Secretary
Members, Bernard Black•Tom Burke• Rick Enstrom•Claire 0' Neal• Robert Shoemaker•Ken Torres
Ex Officio Members, Russell George and Don Ament
STATE OF COLORADO RRee _
Bill Owens, Governor
DEPARTMENT OF NATURAL RESOURCES p '
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER v 4 OF, ~O
Bruce McCloskey, Director For Wildlife-
6060 Broadway
Denver, Colorado 80216 For People
Telephone: (3031 297-1192
Larry Rogstad, District Wildlife Manager July 10, 2003
1528 28th Avenue Court
Greeley,Colorado 80634 Phone: 352-2143
Kim Ogle, Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631 Re: MS-1043 Lawley Estates
Dear Kim:
I received and reviewed the above referenced packet sketch plan for a minor subdivision in the Galeton area. I
made a site visit today. Additionally, I have visited this site on many occasions over the past twenty years,most
especially to observe raptors that frequent the area. The comments submitted are based in part on observations
during those many field trips.
The parcel being considered is included in a much larger area of native and semi native pastureland. The grass
•
stand on site is composed of a mixture of several species of short and midgrasses in varying degrees of vigor.
There is also a variety of forbs scattered throughout the site. From its location, it is likely that the pasture has been
farmed in the past. However, the well developed stand of Rabbitbrush, elm and other woody plants indicate that
the land has not been put to the plow in many years.
The diverse stand of grass, forbs and woody vegetation provides excellent habitat for many species of wildlife. On
my visit today, I saw two Swainson's hawks hunting, a Red-tailed Hawk on perch,Lark Bunting(the Colorado
State bird), Homed Lark,Western Meadow Lark, Song Sparrow, Lark Sparrow, several other species of sparrows
that I was not able to identify, cottontail rabbits. I also observed raccoon scat, tracks of coyote and fox, rodent
tracks, and a slither mark from a snake. On a nearby telephone pole there was an abandoned hawk or owl nest. In
past years I found a Golden Eagle nearby that had been electrocuted on a power line on the south end of the
property.
A large Black-tailed Prairie Dog colony is located in the south half of section four and the north half of section
nine. The parcel being considered for development is located on the southeastern edge of this prairie dog town.
The colony is active with many adults, and young of the year present. Prairie dogs are a key species of
shortgrass/midgrass prairies. The extensive burrow system they create provides shelter for a great many species,
including miscellaneous herptiles. Burrowing Owls(listed as a threatened species), and Mountain Plover(a
species of concern)are tied closely to prairie dog towns. Prairie dogs and species using dog towns also provide a
key role as a prey species for many diverse species including Bull Snakes, foxes, coyotes and raptors. As you
know, a petition for listing Black-tailed Prairie Dogs on the federal list of threatened/endangered species was
submitted for review by the US Fish and Wildlife Service. The finding of the Service was that the listing is
necessary,but precluded. On behalf of the State of Colorado, it is the Division of Wildlife's intent to maintain
healthy populations of Black-tailed Prairie Dogs so that listing in the future will not be necessary. A key to this
goal is working with landowners to maintain large tracts of Black-tailed Prairie Dogs on quality pastureland.
DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director
WILDLIFE COMMISSION, Philip James, Chair•Jeffrey Crawford,Vice-Chair•Brad Phelps, Secretary
Members, Bernard Black•Tom Burke•Rick Enstrom•Claire 0' Neal•Robert Shoemaker• Ken Torres
Ex Officio Members, Russell George and Don Ament
In summary, the parcel being considered for development is part of a much larger grassland system that provides
high quality wildlife habitat. Should development occur, the Division would urge the landowner, the developer/s,
and Weld County to work together in planning a development that will preserve as much of the quality wildlife
habitat as is feasible. To this end the Division of Wildlife would recommend the following for consideration:
1. Clustered development may be considered as a viable alternative to the current plan. Clustered development
would allow a larger portion of the parcel to remain as relatively undisturbed pasture, and consequently help
preserve the value of the land for wildlife.
2. If clustered development is not an option,building envelopes for the eight home sites may be established close
to the access road,rather than in the middle of the eight individual acreage's. By locating the homes close to
the road, it would preserve a larger portion of the site as native pasture.
3. Power poles and transformers constructed as part of this development should be insulated or otherwise
protected to prevent electrocution of raptors. In the past, REA has worked with the Division of Wildlife and
the US Fish and Wildlife Service to protect poles in the area that have been involved in electrocution deaths.
4. If livestock or hobby stock will be allowed in the subdivision,the covenants may restrict them to stalls or
fenced paddocks. Small parcels with horses can result in loss of vegetative cover. By restricting livestock to
paddocks it may help preserve the grass stand, thereby maintaining quality wildlife habitat and the esthetics of
the neighborhood.
5. Removal of Black-tailed Prairie dogs necessitated by development, should be done in a manner that is legal
and appropriate. Euthanasia should be performed only with toxicants registered for such use. Trapping efforts
would require application for permits available from the Division of Wildlife. Any such effort may not be
performed until the proper permits are obtained. Merely bulldozing the prairie dog town is not an appropriate
method of eradication.
6. Should it be necessary to remove prairie dogs as part of the development, special consideration must be given
to insure that Burrowing Owls are not adversely disturbed. If at all possible, ground work should be timed
outside of the time of year when Burrowing Owls may be present. If ground work occurs between March 1
and October 31 the site should be surveyed by a biologist, trained for such work,to detect use by owls. Nest
sites found between April 1 and July 31 should be protected by a non disturbance zone of 75 yards from the
burrow entrance.
Thank you for referring the plans to the Division for review. We hope that our comments will be helpful to you
and Mr. and Mrs.Lawley. Please feel free to contact me at the 352-2143 if I can be of further service.
Best Regards,
Larry Rogstad
Ex-Officio Members, Russell George and Don Ament
STATE OF COLORADO
Bill Owens,Governor L���O
DEPARTMENT OF NATURAL RESOURCES � �
DIVISION OF WILDLIFE 3u?
AN EQUAL OPPORTUNITY EMPLOYER �f04,OF ~,
Bruce McCloskey, Acting Director For I1 ildl7fe-
6060 Broadway
Denver, Colorado 80216 For People
Telephone: (303) 297-1192
Larry Rogstad,District Wildlife Manager 3/08/04
317 West Prospect
Fort Collins,Colorado 80526
Mr. Jeff Couch, P.E.
Team Engineering
3468 Shallow Pond Drive
Fort Collins, Colorado 80528 Re: MS-1043 Lawley Estates
Dear Jeff:
I enjoyed meeting Mark Lawley and you at Mark's property on 2/23/04. The meeting was scheduled to
discuss the above referenced development plan. As part of the approval process the planners suggested
the meeting to insure that Division of Wildlife recommendations expressed in a letter dated July 10,
2003 were being addressed. That letter included six recommendations for consideration. We met on site
to discuss the recommendations.
Recommendation numbers one and two concerned use of clustered development and/or building
envelopes as a method of preserving the maximum open space for wildlife. In our meeting you stated
that these are being considered in the development plan. In all likelihood building envelopes would be
implemented anyway to ensure that siting of septic systems would be maintained within compliance of
County regulations. Your client wishes to create a development that will be attractive for residents and
maintain the maximum open space possible. The Division is comfortable that your development plan
will incorporate this recommendation to the extent possible.
Recommendation number three concerned the use of power poles and utility lines on the development.
Because of a large Black-tailed prairie dog colony in the vicinity, the site is frequented by several species
of raptors. The power poles along the south boundary of the Lawley parcel have on several occasions
caused electrocution death of hawks, owls and Golden eagles. To eliminate this unfortunate problem the
local REA retrofitted poles and transformers to eliminate the potential for more electrocutions. The
Division recommended that any utility poles necessary for the new development be installed in a manner
that would prevent electrocution to raptors. You explained that the development will to all extent
possible use underground utilities to minimize a cluttered look for the development. Use of underground
utilities will effectively prevent the chance of electrocution of raptors.
Recommendation number four suggested restricting livestock that may be permitted on site to confined
paddocks, rather that free ranging the whole parcel. The sandy soils and plant types found on site would
be susceptible to degradation by overgrazing and/or trampling. Loss of ground cover would reduce its
value for ground nesting birds, rodents, and herptiles. Decreased populations of these animals would
DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director
WILDLIFE COMMISSION, Rick Enstrom, Chair•Philip James, Vice-Chair•Olive Valdez, Secretary
Members, Bernard Black•Torn Burke•Jeffrey Crawford• Brad Phelps• Robert Shoemaker• Ken Torres
Ex-Officio Members, Russell George and Don Ament
negatively impact raptors and carnivores. Loss of vegetative cover on this parcel would result in blow
sand adversely impacting plant stands on adjacent lands. You expressed that Mr. Lawley had the same
concerns about preserving the plant community on the development as much as possible. If the land is
degraded it becomes more difficult to sell. The development plan and ultimately the subdivision
covenants will restrict the use of livestock on the parcels to be sold. We are confident that since Mr.
Lawley will continue to live on the adjacent parcel he will incorporate appropriate subdivision covenants
to protect the plant stand on this subdivision.
Recommendations number five and six concerned Black-tailed prairie dogs found on site and the
potential for Burrowing owls, a listed species, to be found during their season of use. We discussed the
value of prairie dogs in short-grass ecosystems, alternatives in management of prairie dogs permitted by
law and timing control methods to occur outside the season of use by Burrowing owls. Mr. Lawley said
that he holds an EPA applicators license. He will survey the site slated for development. If active
prairie dog holes are discovered he plans to implement control methods, using chemicals registered for
use, immediately and prior to the nesting season for burrowing owls. If this is done it adequately address
the Division's concerns.
Please feel free to contact me on my office or cell phone if you have any questions. If necessary,
forward a copy of this letter to the Weld County Planning Department for their records.
Sincerely yours,
'� Larry Rogstad
Weld County Planning Department
GREFI rY n:rCF
004ik
Memorand N `, 2,
111 I TO: Sheri Lockman, W.C. Planning
C DATE: November 2, 2004
COLORADO FROM: Pam Smith, W.C. Department of Public Health and Environm n \\/1
CASE NO.: PZ--1043 NAME: Sherry Lawley/Lawley Lawle /Lawle Estates
The Weld County Health Department has reviewed this proposal. The applicant proposes an 8 lot
PUD on 114.28 acres. The minimum proposed lot size, 4.04 acres, and coupled with an overall
density of one septic system per 14.29 acres does meet current Department policy.
The application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer
service. A letter of intent from North Weld County Water District, dated February 28, 2003, was
submitted with the Sketch Plan application materials. Sewer will be provided by individual sewage
disposal systems.
Preliminary percolation data was submitted in the Sketch Plan application materials from Church and
Associates. The findings of that geotechnical report, dated April 18, 2003 indicates most of the site is
expected to be suitable for conventional septic systems. Percolation tests results found perc rates
between 11 minutes per inch and 24 minutes per inch. No limiting zones were identified to a depth of
16 feet. The Eaton Ditch is located along the east side of the property. A 120-foot setback has been
delineated on the lots bordering the canal, which is more than adequate for the required septic system
placement. Because of the large lot sizes and anticipated conventional septic systems, primary and
secondary envelopes are not required on the lots.
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. 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.
4. 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.
5. 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
1
practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions.
6. 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.
7. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat.
O:\PAM\Planning\chzone\PZ-1043.RTF
2
TDD
Weld County Referral
111kOctober 5, 2004
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Sherry Lawley Case Number PZ-1043
Please Reply By November 2, 2004 Planner Sheri Lockman
Project Change of Zone from A(Agricultural) to PUD for 7 (seven) lots with E (Estate)
Zone uses and 1 (one) lot with A(Agricultural) Zone uses. Lawley Estates.
Legal Lot B. RE-3581; being part of the SE4 Section 4, T6N, R64W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 72; west of and adjacent to CR 55.
Parcel Number 0801 04 000004
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) December 7, 2004
❑ 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:
Signature J Date /0 •pfd - Qy
Agency cif/&rl- N,S��r fleet/
+Weld County Planning Dept. +918 10"Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
- a
DEPARTMENT OF BUILDING INSPECTION
' Weld County Administrative Offices
918 10th Street, Greeley, CO 80631
WEBSITE: www.co.weld.co.us
Q Phone(970) 353-6100, Ext. 3540
Fax (970) 304-6498
COLORADO
October 26, 2004
Sherry Lawley
Change of Zone from A (Agricultural)to PUD for 7 (seven) lots with E (Estate) Zone uses with 1
(One) lot with A (Agricultural ) Zone uses. Lawley Estates.
PZ-1043
1. A separate building permit shall be obtained prior to the construction of any building.
2. A plan review is required for each building. Building plans may be require the wet stamp of a
Colorado registered engineer or architect. Two complete sets of plans are required when applying
for each permit.
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 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.
Sin rely,
Rer igil
Building Official
Weld County Planning Department
GREELEY OFFICE
MEMORANDUM NOV 01 2004
vni
ITO: Sheri Lockman,Planner DAT: 0 ove er-2004
Dc
FROM: Peter Schei,P.E., C. neer,Public Works Department
COLORADO SUBJECT: PZ-1043 Lawley states PUD(Zone Change)
Weld County Public Works Department has reviewed this change of zone 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
External Roadways:
❑ The Weld County Roadway Classification Plan currently shows CR 72 with a classification as a local requiring a 60-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. CR 72 is gravel adjacent to the
proposed development and maintained by the County.
❑ The Weld County Roadway Classification Plan currently shows CR 55 with a classification as a local requiring a 60-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. CR 55 is a stabilized gravel base
(2004)roadway adjacent to the proposed development and maintained by the County.
❑ Based on the proposal of limited development and apparent low traffic impact, a traffic study is not currently required. This 8
residential lot development will add approximately 77 trips per day to the transportation system. For the purpose of simplicity, it
will be assumed that 50% of the traffic travels north on CR 55 and 50% of the traffic travels south on CR 55 to / from the
development site. Should a dispute arise concerning traffic and associated impacts,a traffic impact study shall be required.
o Current traffic counts on CR 55 adjacent to the proposed development between CR 72 and CR 74=223 aadt.
o Current traffic counts on CR 55 adjacent to the proposed development between CR 70 and CR 72= 155 aadt.
o Current traffic counts on CR 55 adjacent to the proposed development between SH 392 and CR 70=349aadt.
❑ This development will introduce additional vehicle trips to the roadway system. This increased level of traffic on unpaved roads
creates fugitive dust and surface maintenance problems. The applicant shall enter into an agreement with the County to
proportionately share the cost of paving. The cost will be based on a proportion of the traffic generated by the development to
existing (background) traffic on CR 55 between SH 392 and CR 74, which connect to paved roadways. The applicant shall
submit a proposed off-site agreement with the final plan.
Internal Roadways:
❑ The PUD internal roadway right-of-way shall be 60-feet in width including cul-de-sacs with a 65- foot radius, and dedicated to
the public. The typical cross-section of interior road should 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 pavement radius must be 50-feet.
❑ The applicant should provide a pavement design prepared by a professional engineer along with the final plan submittal.
Page 1 oft
❑ The applicant is requesting a gravel internal roadway, since access is from an existing gravel County Road (CR 72). The
applicant must submit a letter to the director of Public Works, Mr. Frank Hempen, Jr., P.E., asking for a paving waiver of the
subdivision interior roadway.
1 Stop signs and street name sign locations must be shown on the final roadway construction plans.
❑ Intersection sight distance triangles at the development entrance 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 application) and approval. Construction details must be included. This is consistent with
County Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and seals of all
parties required."
❑ The applicant shall submit Improvements Agreements According to Policy Regarding Collateral For Improvements with the final
plan application. These agreements must be reviewed by Public Works and shall be approved by the BOCC prior to recording the
final plat.
Drainage:
❑ 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.
o 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.
--7 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.
❑ 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.
Recommendation
❑ The Public Works Department recommends approval of this change of zone.
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. Issues of concern must be resolved
with the Public Works Department prior to recording the change of zone and final plals:
PC: PZ-1043 Lawley Estates PUD(Zone Change)
Email&Original: Planner
PC by Post: Applicant jib(1),4, — 'reams Ert ,
PC by Post: Engineer ,
Page 2 of 2 __
"`''eld County Planning Department
GREELEY OFFICE
NOV 1 0 2004
‘01„ril MEMORANDUM RECEIVED
TO: Sheri Lockman, Planner ( DATE: 09-November-2004
III D QC. FROM: Peter Schei, P.E., eer,Public Works Department
COLORADO SUBJECT: PZ-1043 Lawley Es UD(Zone Change)b
Weld County Public Works Department has reviewed this change of zone 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
Internal Roadways:
❑ The Pubic Works Department has reviewed the applicant's request (on 08-Sep-2004 at a design review meeting) for a paving
waiver. The Department is in support of granting a paving waiver of the internal roadway proposed for Lawley Estates PUD.
The homeowner's association shall be responsible for the maintenance of this private gravel roadway. Weld County does not
maintain unpaved subdivision roadways.
Recommendation
❑ The Public Works Department recommends approval of this change of zone.
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. Issues of concern must be resolved
with the Public Works Department prior to recording the change of zone and final plats.
• PC: PZ-I043 Lawley Estates PUD(Zone Change)b
Email&Original: Planner
PC by Post: Applicant ijeir — --Tecw. " = '
PC by Post: Engineer ‘• .. •\ ,�
Page 1 of 1 __
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER Weld County Planning Department op.co ,
Division of Water Resources GREELEY OFFICE
�° ,
Department of Natural Resources He
1313 Sherman Street, Room 818 OCT 2 6 2004
Denver, Colorado 80203 \te76 j
Phone(303)866-3581 October 19, 2004 RECEIVED B
FAX(303)866-3589
Bill Owens
www.wa[ecstaLe.co.u5 Governor Russell George
Executive Director
Ms. Sheri Lockman Hal D.Simpson,RE.
Weld County Planning Department State Engineer
1555 N 17th Avenue
Greeley, Co 80631
Re: Lawley Estates
Case No. PZ-1043
SE 1/4 of Sec. 4, T6N, R64W, 6th P.M.
Water Division 1, Water District 1
Dear Ms. Lockman:
Pursuant to the State Engineer's Office Memorandum dated August 7, 1995, effective
August 31, 1995, this office will no longer respond to land use actions that do not involve the
subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. (see attached
memorandum). These actions include, but are not limited to lot line adjustments, zone change
requests, special use land, and division by exemption. The material submitted this time appears
to be only for a change in zoning on the proposed Lawley Estates.
However, we have reviewed the submitted material and in an effort to assist the county,
we will provide the following comments. We have previously commented on the Lawley Estates
by our letters dated July 2, 2003 when the proposal was to subdivide a 25-acre portion of Lot B
(114.28 acres) of the Recorded Exemption RE-3581, into 8 single-family residential lots. The
information from this referral indicates that the intent is to subdivide the entire Lot B (114.28
acres) of the Recorded Exemption RE-3581, into 8 single-family residential lots. The North
Weld County Water District (District) is still listed as the source of domestic water, however a
letter of commitment from the District was not included in the referral material.
Accordingly, our comments from the July 2, 2003 ietter (copy enclosed) still apply. If you
have any questions in this matter, please contact loana Comaniciu of this office.
Sincerely,
Kenneth W. Knox, Ph. D., P.E.
Chief Deputy State Engineer
cc: Jim Hall, Division Engineer
Water Supply Branch
Subdivision File
KWK/IC/Lawley Estates
ilirSTATE OF COLORADO
HE STATE ENGINEER
''orr Water Resources „R c°�
`�
�,�1t of Natural Resources ..�
)dwn Street.Room 818 :4:3U
73 shawl
80203 •`.�`�'
(34)866-3581 revs'
(303)866'3589
Roy Romer
Grammar
lames S.Loch head
August 7, 1995 Executive Director
Hal D.Simpson
State Engineer
L
EEMORANDUMO: ALL COUNTY LAND USE PLANG Oc'/
ROM: HAL D. SIMPSON, STATE ENGINEER
UBJECT: STATE ENGINEER'S COMMENTS ON PROPOSED WAJ.R SUPPTTFS
FOR LAND USE ACTIONS THAT DO NOT INVOLVE THE
SUBDIVISION OF LAND AS DEFINED IN SECTION 30-28-101(10)(a),
C.R.S. •
is memorandum is to inform you of procedural changes in providing "an opinion regarding
aterial injury likely to occur to decreed water rights by virtue of diversion of water
cessary or proposed to be"used to supply the propoed subdivision and the adequacy of the
oposed water supply to meet requirements of the proposed subdivision", as required under
ction 30-28-136(h)(1), C.R.S. (1986 Repl, Vol.).
June of 1992, 192-1156, required that recommendations be made within 21 days after
mailing by the county. No additional staff was allocated to implement this accelerated
iew. I find that with the increased development activity in the state, my staff cannot
pond in a timely manner to all of the land use referrals we receive.
erefore, in order to allow our timely coents on all SUBDSION OF LAND refels
mandated by section 30-28-136(h)(1) C.R.S., effective AUGUST 31, 1995, THIS
FICE WILL NO LONGER RESPOND TO LAND USE ACTIONS THAT DO NOT
VOLVE nth SUBDIVISION OF LAND AS DEFINED IN SECTION 30-28-101-)(a) C.R.S. (1986 REPL. VOL.). These actions include but are not limited to lot line
ustments, zone change requests, special use of land, and division by exemption. Aftergust 31, 1995, we will not respond to or maintain records on any referral we receive that
es not address the subdivision of land as defined in section 30-28-101(10)(a) C.R.S.closed is a "Water Supply Information Summary" form which as of August 31, 1995 we
l require to be submitted along with each subdivision referral in order for us to be able to
pond in a timely manner. I ask that you provide copies of this form to all futuredivision applicants along with your application package. The data required for this
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER _oa Co
Division of Water Resources -
Department of Natural Resources * �, ��
1313 Sherman Street,Room 818 " *
�
Denver,Colorado 80203 July 2, 2003 �"476
Phone(303)866-3581
FAX(303)866-3589 Bill Owens
www.water.state.co.us Governor
Mr. Kim Ogle Greg E.Walther
Weld County Planning Department Executive Director
1555 N 17th Avenue Hal D.Simpson,P.E.
Greeley, Co 80631 State Engineer
Re: Lawley Estates
Case No. MS-1043
SE 1/4 of Sec.4,T6N, R64W, 6th P.M.
Water Division 1,Water District 1
Dear Mr.Ogle:
We have reviewed the above referenced proposal to subdivide a 25-acre portion of Lot B (114.28
acres) of the Recorded Exemption RE-3581 recently created, into 8 single-family residential lots of
approximately 3 acres in size.
The North Weld County Water District (District) has been proposed as the source of water
however, no letter of commitment from the District was included. The "Water Supply Information
Summary"form (copy enclosed)which was provided to the county along with the State Engineer's August
7, 1995 letter was not included in the referral material.As stated in the State Engineer's letter, this form is
required to be submitted along with each subdivision in order for this office to respond to the county.
Based on current records on file in this office, the District currently has an adequate uncommitted
water supply to provide the water associated with this project, however, this agency cannot render an
opinion until a letter of commitment is received from the District.
Pursuant to Section 30-28-136(1)(h)(II), C.R.S., it is the State Engineer's opinion that sufficient
evidence was not submitted documenting that the proposed water supply can be provided without causing
injury to the existing water rights.
If you have any questions in this matter, please contact loana Comaniciu of this office.
Si -reLAe
William-H Fronczak .E.,J.D.
Chief of Water Supply
cc: Jim Hall, Division Engineer
Water Supply Branch
Subdivision File
WHF/IC/Lawley Estates
Ccde
(vitti;,),
Weld County Referral
IOctober 5, 2004
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Sherry Lawley Case Number PZ-1043
Please Reply By November 2, 2004 Planner Sheri Lockman
Project Change of Zone from A(Agricultural)to PUD for 7 (seven) lots with E (Estate)
Zone uses and 1 (one) lot with A(Agricultural) Zone uses. Lawley Estates.
Legal Lot B. RE-3581; being part of the SE4 Section 4, T6N, R64W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 72; west of and adjacent to CR 55.
Parcel Number 0801 04 000004
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) December 7, 2004
tt❑,,� We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
pi We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
V1/4 re,p(ie&,O tb rcth (;c (-t 1 m ? l .acycka t iri no Ana' ow)
1nt nxc_ rock ..
Signature -1,4 i Date I _Gyrt{
Agency f 1f� f t lAre-ft
*Weld County Planning Dept. 6918 10th Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Referral
111kOctober 5, 2004
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Sherry Lawley Case Number PZ-1043
Please Reply By November 2, 2004 Planner Sheri Lockman
Project Change of Zone from A(Agricultural)to PUD for 7 (seven) lots with E (Estate)
Zone uses and 1 (one) lot with A(Agricultural)Zone uses. Lawley Estates.
Legal Lot B. RE-3581; being part of the SE4 Section 4, T6N, R64W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 72; west of and adjacent to CR 55.
Parcel Number 0801 04 000004
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) December 7, 2004
❑ 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.
ikSee attached letter.
Comments:
Signature Date \ -'Ca -(-)U
Agency \-n..t U r-(0
❖Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Applicant: Sherry Cawley
Planner: Sheri Lockman Case#: PZ- 1043
�.
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Weld County Referral Map
/ v lxal,.a>s
Major Roads
/V Local Roads
Air Railroads
A/ Streams&Ditches %_ j /
PLSS W r E
(__) Sods
CDLakes
CI Floodgates S
)
West Greeley Cu...,ervation District
(970) 356-8097
Case Number: ,PZ- 1043
Applicant: i Sherry Lawley
Planner: I Sheri Lockman
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
i Dwellings Small Septic Tank Prime Farm
Map Shallow Dwellings with
Symbol Soil Name Soil Texture without Commercial Absorption Land (if Additional Comments
Excavations
basements basements Buildings I Fields irrigated)
38 Nelson Fine Sandy Loam 'Severe Severe !Severe _ No
47 Olney Fine Sandy Loam Slight Slight Slight Slight ;Slight Yes )
48 Olney Fine Sandy Loam _Slight Slight Slight Slight No
56 I Renohill Clay Loam Severe No
61:Tassel 'Fine Sandy Loam ^'— Severe Severe No
77 Vona !Sandy Loam :Slight Slight Slight Slight No
•
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.
(Amity%TIM
Produced by the West Greeley Conservation District
10-12-04; 9.55AM:Eaton School Dist. ;9704545:93 x<
OCT 0 7 2004
cttWeld County Referral
hiDe
October 5, 2004
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Sherry Lawley Case Number PZ-1043
Please Reply By November 2, 2004 Planner Sheri Lockman
Project Change of Zone from A(Agricultural)to PUD for 7 (seven) lots with E (Estate)
Zone uses and 1 (one) lot with A(Agricultural)Zone uses. Lawley Estates.
Legal Lot B. RE-3581; being part of the SE4 Section 4,T6N, R64W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 72; west of and adjacent to CR 55.
Parcel Number 0801 04 000004
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) December 7, 2004
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive P/an
❑ We have reviewed the request and find no conflicts with our interests.
$ See attached letter.
Comments:
Signature kk r.i4,AA.., St11N1J� iues Date 10 (4.1O4
Agency e.4-rON SCitoo,. OIiT2aci en—a
❖Weld County Planning Dept. :918 10"Street,Greeley,CO. 80631 +(970)353-6100 ext.3540 1.(970)304-6498 fax
10-12-04; G:SSAM;Eaton School Dist. 9704545193 S
EATON SCHOOL DISTRICT RE-2
John J.Nuspl 200 Park Avenue
f uperintendent Eaton, Colorado 80615
)70) 454-3402
(970) 4545193 Fax
October 12, 2004
Sheri Lockman
Weld County Planning Department
1400 17th Avenue
Greeley, CO 80631
RE: Sherry Lawley, Lawley Estates
Change of Zone to PUD
PZ-1043
Sheri Lockman:
We have reviewed the above applicant's request. The Eaton School District has
a process in place addressing growth within the District.
The School District has adopted a methodology to determine a cash-in-lieu
payment for residential development within the District in order to provide
adequate educational opportunities as a result of that development.
The cash-in-lieu payment per dwelling lot is $1,043 for a total of $8,344 for this 8-
Lot application. Payment should be hand delivered or mailed to Eaton School
District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the
applicant and a copy to the Weld County Planning Department.
The District has been in contact the Jeff Couch of Team Engineering to work out
details for a bus turnaround and pedestrian shelter at the entrance of the
development and is in agreement with the information presented.
Please contact me if you have any questions.
Sincerely,
Timothy Unrein
Business Services Director
Eaton School District RE-2
Enc.
Date Paid
Amount
Check #
Received By
QRACOLORADO GEOLOGICAL SURVEY STATJ.,�eld l,Ounty manning UBlld tt Eii DO
Department of Natural Resources W GREELEY OFFICE pun
313 Sherman Street, Room 715 Wit
—Denver, Colorado 80203 JUL 2 4 2003
one (303) 866-2611
rAX (303) 866-2461 FAv D RECEIVED
-z 1- 63 DEPARTMENT OF
NATURAL
RESOURCES
• Bill Owens
Governor
Greg E.Welcher
Executive Director
July 18, 2003 Ronald W.Cottony
Division Director
Mr.Kim Ogle,Project Planner Ronald W.Cottony
Acting State Geologist
Weld County Planning Department
1555 N. 17th Avenue
Greeley,CO 80631
Re: Lawley Estates(sketch plan review)
CGS review number WE-03-0045 SE'A,Sec 4,T6N,R64W
Dear Mr. Ogle:
At your request and in accordance with Senate Bill 35 (1972),I reviewed the above-referenced sketch
plan proposal for 8 lots on 114 acres, which includes a large agricultural tract. The lots themselves are
approximately 3 acres in size for each lot. This proposed subdivision is located at the northeast corner of
the intersection of Weld County Roads 55 and 72.
The site occupies a relatively gently rolling upland on the west side, sloping gently to the east to a broad,
flat area along the eastern boundary that contains a small irrigation ditch. The only other feature of
consequence is a series of three silage pits in the southwest corner of the property (in lot 8). There are no
steep slopes on the site, except for some locally steep slopes along the sides of the silage pits. There are
no prominent gullies or drainages on the site.
Geologic Conditions and Hazards
The engineering geology report by Church and Associates,Inc. (4/17/03;job 15275-L) describes the site
as being underlain by sandy soils of variable thickness,which are in turn underlain by bedrock of the
Laramie Formation. Descriptions of four test holes show that the sandy soils are somewhat variable in
composition, from silty to clayey, whereas the bedrock is highly variable in composition and contains
claystone, sandstone, and possibly coal. An outcrop exposure in the silage pits shows that the bedding is
nearly horizontal.
Testing of samples reveals that the sandy soils have a low collapse potential, whereas the claystone
bedrock has a low to moderate swell potential. Because of the variable subsurface compositions, Church
and Associates recommends site-specific engineering investigations for foundations for each lot. CGS
agrees strongly with this recommendation. Such investigations should include drilling, sampling, and
testing at each actual building location,at the building-permit stage, as the basis for subsequent
foundation design recommendations. If expansive bedrock is encountered beneath a building site,
-- specific foundation designs may be necessary.
Lawley Estates,7/18/03,page 2
Perimeter subsurface drains were not mentioned in the Church and Associates report. However,the
project geotechnical engineer should consider adding a recommendation for such drains because of the
presence of relatively shallow and impervious bedrock beneath the site. It is possible under such
conditions for a perched water table to form on top of the bedrock. Perched ground water should be
intercepted by subsurface drains in order to prevent accumulation near the house and to ensure proper
foundation performance.
A radiation survey revealed no natural radiation above background levels. However, there is a possibility
that coal beds in the Laramie Formation could de-gas over time if they are penetrated and exposed by a
house foundation. As a general preventative measure, venting systems could be built into all of the
foundations to account for all potential radiation and coal-gas exposures. However, an alternative would
be for an engineer to monitor each foundation excavation; if no coal is encountered,foundation venting
may not be needed.
The silage pits may or may not overlap the proposed building location on lot 8. It may be necessary to
bulldoze or fill the pits for safety or building purposes. If they are filled and are beneath or in the
immediate vicinity of the building envelope, the fill should be designed and monitored for quality control
by a geotechnical engineer.
We agree with Church and Associates that a separate geotechnical investigation is needed for the design
of the roadway and cul-de-sac.
Onsite Waste Disposal Systems
Individual waste disposal systems (ISDS)are proposed for the subdivision. A preliminary percolation
test report by Church and Associates shows percolation rates of 11-24 inches in the four test holes, at
depths of 27-32 inches. They conclude that"standard"ISDS designs are appropriate for this site. We
concur with their conclusions.
Drainage Report
A drainage report prepared by Jeffrey W. Couch,P.E., shows little grading modification to the site. In
built-up areas, runoff will be channeled along the cul-de-sac and street,via ditches, to a detention pond in
the southeast corner of the site. The detention pond will drain into the adjacent Nazarenus irrigation ditch
at a 5-year historic flow rate. CGS does not have any geology-related concerns with this basic plan.
In summary,there are no serious geologic conditions that would prevent the proposed subdivision. The
comments stated in the consultants' reports and above should be considered in development.
Please call me at(303) 866-2432 if I can be of further assistance.
Sincerely
David C. Noe
Chief,Engineering Geology Section
Kits
Weld County Referral
IOctober 5, 2004
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Sherry Lawley Case Number PZ-1043
Please Reply By November 2, 2004 Planner Sheri Lockman
Project Change of Zone from A(Agricultural)to PUD for 7 (seven) lots with E (Estate)
Zone uses and 1 (one) lot with A(Agricultural)Zone uses. Lawley Estates.
Legal Lot B. RE-3581; being part of the SE4 Section 4, T6N, R64W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 72; west of and adjacent to CR 55.
Parcel Number 0801 04 000004
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) December 7, 2004
❑ 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:
Signature Date /y /jbA
Agency We ali trite q /eel)
+Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
LAWLEY ESTATES PUD
__Case # PZ-1043 (Change of Zone from Ag to PUD) Developer: Sherry Lawley
?T SE4 4-6-64 Planner: Sheri Lockman
ZONED PUD/ESTATE
IS NOT IN FLOOD PLAIN (0495C)
NORTH WELD COUNTY WATER DISTRICT
INDIVIDUAL SEPTIC SYSTEMS
POUDRE VALLEY REA
INDIVIDUAL PROPANE HEAT
GALETON FPD
WELD RE2 SD
QWEST COMMUNICATIONS
EATON PO
7 RESIDENTIAL LOTS W/1 AG OUTLOT
PRELIMINARY ADDRESSING - 11/16/04
Lot 1 26856 Lawley Lane
Lot 2 26860 Lawley Lane
r Lot 3 26864 Lawley Lane
Lot 4 26868 Lawley Lane
Lot 5 26865 Lawley Lane (AG outlot)
Lot 6 26863 Lawley Lane
Lot 7 26859 Lawley Lane
Lot 8 26855 Lawley Lane
Lin Dodge, Building Technician
Building Department
918 10th Street
Greeley CO 80631
Phone: (970)353-6100, extension 3574
Fax: (970)304-6498
11/16/04
•
ricts‘-N.
Weld County Referral
111kNovember 3, 2004
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Sherry Lawley Case Number PZ-1043
Please Reply By November 2, 2004 Planner Sheri Lockman
Project Change of Zone from A (Agricultural)to PUD for 7 (seven) lots with E (Estate)
Zone uses and 1 (one) lot with A (Agricultural)Zone uses. Lawley Estates.
Legal Lot B. RE-3581; being part of the SE4 Section 4, T6N, R64W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 72; west of and adjacent to CR 55.
Parcel Number 0801 04 000004
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) December 7, 2004
❑ 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:
Signature G Date Moo z z Z1:OC/
Agency W AzA&vio US LATVIA- DMA COnt PAi y 1 ZMc
+Weld County Planning Dept. 4918 10th Street, Greeley,CO. 80631 :•(970)353-6100 ext.3540 +(970)304-6498 fax
REFERRAL CASE NUMBER PZ-1043 SHERRY LAWLEY.
THE NAZARENUS LATERAL DITCH COMPANY,INC.AND THE APPLICANT/DEVELOPER HAVE NOT
REACHED AN AGREEMENT. THE BOARD AND STOCK HOLDERS BELIEVE THAT CHANGING THE
ZONE FROM AGRICULTURAL TO PUT)FOR 7 LOTS AND 1 AGRICULTURAL LOT WILL EXPOSE THE
DITCH COMPANY TO MORE RISK AND CONFLICTS. THE NAZARENUS LATERAL DITCH COMPANY,
INC.IS ASKING THE PLANNING BOARD TO REQUIRE THE APPLICANT TO COMPLY TO THE
FOLLOWING:
1. THE NAZARENUS LATERAL DITCH COMPANY,INC.HAS A RECORDED RIGHT-OF-WAY EASEMENT
AGREEMENT. THEREFORE, THE DRAWINGS WILL NEED TO BE CHANGED TO REFLECT THE
CORRECT RIGHT-OF-WAY EASEMENTS AND SHOW LATERAL IRRIGATION DITCH EASEMENTS.
2. ADD THE FOLLOWING NOTE TO ALL PLANS:
EXCLUSIVE RIGHT-OF-WAY EASEMENT
EXCLUSIVE RIGHT-OF-WAY EASEMENT SHOWN IS PERPETUAL,EXCLUSIVE AND PROPERTY
OWNERS SHALL NOT BE PERMITTED TO CROSS UNDER OR OVER SAID DESCRIBED EXCLUSIVE
RIGHT-OF-WAY EASEMENT WITH ANY STRUCTURE,FIXTURE,PROPERTY OR APPURTENANCE OF
ANY TYPE OR FOR ANY REASON WITHOUT FIRST RECEIVING WRITTEN APPROVAL FROM
NAZARENUS LATERAL DITCH COMPANY,INC.
3. DURING THE SKETCH PLAN REVIEW WE REQUESTED THAT THEY MAKE OUR RIGHT-OF-WAY
EASEMENT A COMMON AREA FOR THE DEVELOPMENT. THIS COULD NOT BE ACCOMPLISHED BY
THE DEVELOPER. THEREFORE,NAZARENUS LATERAL DITCH COMPANY,INC.FOR SAFETY AND
TO CONTROL CONFLICTS WITH PROPERTY OWNERS WILL REQUIRE THE APPLICANT TO FENCE
LOT I THOUGH 4 AT THE WEST EXCLUSIVE RIGHT-OF-WAY EASEMENT LINE WITH CHAIN LINK
FENCE.
4. HISTORICALLY THIS LAND HAS NOT BEEN CROPPED FARMED,ONLY LIMITED GRAZING DUE TO
SOIL EROSION. POOR MANAGEMENT OF THE SOIL ON THIS LAND CAN CAUSE"BLOW SAND."
BLOW SAND CAN DRIFT INTO THE DITCH CAUSING A MAINTENANCE PROBLEM. THE
NAZARENUS LATERAL DITCH COMPANY,INC.IS REQUESTING THAT OUR ENGINEER REVIEW
AND APPROVE THE EROSION CONTROL PLAN.
5. NAZARENUS LATERAL DITCH COMPANY WILL NOT ACCEPT ANY DRAINAGE FROM THIS SITE.
THEREFORE,THE DITCH COMPANY IS REQUESTING THAT OUR ENGINEER REVIEW AND APPROVE
THE DRAINAGE PLAN.
6. ADD THE FOLLOWING NOTE(PLACE BELOW"THE RIGHT TO FARM STATEMENT"COVER PAGE)
THE NAZARENUS LATERAL DITCH COMPANY,INC. HOLD HARMLESS AGREEMENT.
OWNERS OF PROPERTY DESCRIBED AS LOT A RE-3581 AND LOT B RE-3581
LOT 1-8 RECOGNIZES THAT THE NAZARENUS LATERAL DITCH RUNS THROUGH OR IS ADJACENT
TO THERE PROPERTY,THE NAZARENUS LATERAL DITCH COMPANY,INC.PROVIDES IRRIGATION
WATER TO THE FIELDS OF IT'S STOCK HOLDERS.THE METHODS OR PRACTICES THAT ARE
COMMONLY ASSOCIATED WITH THE DISTRIBUTION AND MAINTENANCE CAN CREATE HAZARDS.
THEREFORE,THE OWNERS OF THE DESCRIBED PROPERTY,THEIR HEIRS SUCCESSORS,ASSIGNS
PERSONAL REPRESENTATIVES AGREE TO INDEMNIFIES AND HOLD HARMLESS THE NAZARENUS
LATERAL DITCH COMPANY,INC. IT'S BOARD OF DIRECTORS OFFICERS,STOCKHOLDERS AND
EMPLOYEES FOR ANY PROPERTY DAMAGE OR LOSS OR PERSONAL INJURY OR DEATH, THAT
IS ASSOCIATED WITH THE OPERATIONS OF DISTRIBUTION AND MAINTENANCE OF THE
NAZARENUS LATERAL DITCH.
MEMORANDUM
•
To: Sheri Lockman
From: David Tuttle
Date: October 19, 2004
Subject: PZ-1043
The sheriff's office recommends the following improvements for this housing sub-
division:
1. The sheriff's 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 in
the event the bus is unable to drive down the street due to road conditions.
2. Either a 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 roadway to obtain their mail.
3. The name of the street and addresses within the sub-division should be
presented to the sheriffs office for approval. This will eliminate duplication
of street names within the county. .
4. A permanent sign should be placed at the entrances to the sub-division
detailing the name of the sub-division, and address. There should be a plan
developed to maintain this sign.
5. 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.
6. A plan should be developed to maintain roadways within the sub-division
especially during inclement weather conditions for emergency vehicles.
7. The sheriff's office is very supportive of homeowner funded homeowners
associations. These associations provide a contact for the sheriff's office and
a means for maintaining common areas.
8. If there is an oil or gas well within this sub-division. This needs 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.
9. Any body of water that is on this property should be fenced off for the
protection of the residents.
The Sheriff's Office lacks the ability to absorb any additional service demand without the
resources recommended in the multi-year plan provided to the 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.
Hello