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Home My WebLink About20043339.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant P &A Turkey Frams Case Number PZ-1050 Submitted or Prepared Prior to At Hearing Hearing 1 . Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner James Welch Field Check Form Letter to Applicant X Affadavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/ Easement Certificate X Surrounding Property/Mineral Owners X Utilities X ^ 3 Referral List X Referrals without comment X City of Evans, referral received 8/27/04 X Town of Kersey, referral received 9/10/04 X Town of LaSalle, referral received 9/16/04 X 4 Referrals with comments X Weld County School District RE-7; referral received 8/31/04 X Colorado Geological Survey, referral received 9/2/04 X Weld County Department of Building Inspection, referral received X 9/3/04 West Greeley Soil Conservation District, referral received 8/25/04 X Weld County Department of Public Health and Environment, referral X received 9/21/04 2004-3339 tile .sir Weld County Department of Public Works, referral received 9/20/04 X Weld County Code Compliance, referral received 8/18/04 X Greeley-Weld County Airport Authority, referral received 8/25/04 X N- Colorado Division of Wildlife, referral received 9/14/04 X City of Garden City, referral received 9/22/04 X Weld County Addressing, referral received 9/22/04 X Colorado Division of Water Resources, referral received 10/12/04 X Weld County Sheriffs Office, referral received 10/18/04 X 5 Surrounding Property Owners- Letters 6 PC Exhibits X 6.A Applicants presentation, maps and photos of site X I hereby certify that the BBBB items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning C mmissioners eating. //// Michelle Martin ❖ Planner LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE#: PZ-1050 HEARING DATE : November 2, 2004 PLANNER: Michelle Martin APPLICANT: P &A Turkey Farms, Inc REQUEST: Planned Unit Development Change of Zone for nine(9)lots with Estate uses except animal units and carriage estates as stated in the development standards, one (1) common open space Outlot (6.611 acres), and two (2) agricultural Outlots (101.106 acres), (Ridgeview PUD) LEGAL: Pt. NE4 Section 36, T5N, R65W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to County Road 52 and West of and adjacent to County Road 49 PARCEL#: 0961 36 000015 ACRES: +/- 126.186 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 23-2-30 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County School District RE-7; referral received 8/31/04 • Colorado Geological Survey, referral received 9/2/04 Weld County Department of Building Inspection, referral received 9/3/04 West Greeley Soil Conservation District, referral received 8/25/04 • Weld County Department of Public Health and Environment, referral received 9/21/04 • Weld County Department of Public Works, referral received 9/20/04 • Weld County Code Compliance, referral received 8/18/04 • City of Evans, referral received 8/27/04 • Town of Kersey, referral received 9/10/04 • Town of LaSalle, referral received 9/16/04 • Greeley-Weld County Airport Authority, referral received 8/25/04 • Colorado Division of Wildlife, referral received 9/14/04 • City of Garden City, referral received 9/22/04 • Weld County Addressing, referral received 9/22/04 • Colorado Division of Water Resources, referral received 10/12/04 • Weld County Sheriffs Office, referral received 10/18/04 • EXHIBIT P&A Turkey Farms Inc.(PZ-1050),page 1 / The Department of Planning Services' staff has not received responses from the following agencies: • The Farmers Reservoir and Irrigation Company Poudre Valley Fire Protection District Oil and Gas Conservation Commission P&A Turkey Farms Inc.(PZ-1050),page 2 0 4;ffi LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE#: PZ-1050 HEARING DATE : November 2, 2004 PLANNER: Michelle Martin APPLICANT: P &A Turkey Farms, Inc REQUEST: Planned Unit Development Change of Zone for nine(9)lots with Estate uses except animal units and carriage estates as stated in the development standards, one (1) common open space Outlot (6.611 acres), and two (2) agricultural Outlots (101.106 acres), (Ridgeview PUD) LEGAL: Pt. NE4 Section 36, T5N, R65W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to County Road 52 and West of and adjacent to County Road 49 PARCEL#: 0961 36 000015 ACRES: +1- 126.186 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of the Weld County Code. 2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows: A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development)of the Weld County Code. The proposed site is not influenced by an Inter-Governmental Agreement and is outside of the Mixed Use Development Area (MUD). The proposal is consistent with the aforementioned documents as follows: 1. Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit Development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation. Some Planned Unit Developments may not require P&A Turkey Farms Inc. (PZ-1050),page 3 common open space depending on their type, density, or other factors. The proposed development is not required to have open space per Section 27-2-140 however, the applicants have included 6.611 acres of open space in the form of a detention pond and have dedicated 101.1 acres into a conservation easement. 2) Section 22-2-210.D. 3. (PUD.Policy 4.3.) — Conservation of natural site features such as topography, vegetation and water courses should be considered in the project design. In their referral received by the Department of Planning Services on 10/20/2003 (for sketch plan)the Farmers Reservoir and Irrigation Company stated that they had five concerns: drainage into the canal, they would like a maintenance road on both sides of the canal, groundwater into basements, crossing agreement, and the right to farm understanding. The applicants have entered into a right of way easement and license agreement per reception number 3044497 in order to cross the Gilmore Canal. The Department of Planning Services is requesting that the Right to Farm note be placed on the plat. The attached Conditions of Approval and Development Standards address the remaining concerns of the Farmers Reservoir and Irrigation Company. 3) Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County."The residential lots will be serviced by Central Weld County Water District. Four(4)shares of Farmer's Reservoir and Irrigation Company will be used to irrigate Outlots B and C. B. Section 27-6-120.6.6- The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Section 27-2-20,Access standards-The applicant has agreed to pave the internal road to county standards. Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E(Estate)Zone District except for the number of animal units, and the ability to have carriage estates. Section 27-2-76, Conservation Easement—The applicant has entered 101.1 acres(Outlots B and C)into a conservation easement with the Colorado Open Lands Corporation to ensure the protection and viability of the area. The applicant has met the remaining performance standards as delineated in Section 27-2- 10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. C. Section 27-6-120.6.c- That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter- Governmental Agreement. The proposed development is located within the three mile referral area for the City of Evans, City of Garden City, Town of Kersey, and the Town of LaSalle. The City of Evans, City of Garden City, Town of Kersey, and Town of LaSalle indicated no conflicts with their interests. D. Section 27-6-120.6.d- That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article II the Weld County Code.The residential lots will be serviced by Central Weld County Water District. Four(4)shares of Farmer's Reservoir and Irrigation Company will be used to irrigate Outlots B and C. The Weld County Attorney's Office has indicated that the agreements P&A Turkey Farms Inc.(PZ-1050),page 4 submitted by the applicant are adequate for the Change of Zone. The Weld County Department of Public Health and Environment has indicated in a referral response dated September 15,2004 that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. E. Section 27-6-120.6.e- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Department of Public Works has reviewed the interior roadway and has required the applicant to comply with the PUD requirements per Section 27-2-20 of the Weld County Code.The Department of Public Works has required the local residential road right-of-way to be 60-feet in width, including cul-de-sacs with a 65-foot radius,and dedicated to the public.Atypical section shall be shown on the change of zone plat. The typical local roadway section shall be shown as two 12-foot paved lanes with two 4-foot gravel shoulders. The cul-de-sac edge of pavement radius shall be 50-feet. Public Works has not required sidewalk, curb and gutter for this development. The Department of Public Works is requiring a 65-foot right-of-way reservation for County Road 49 to be dedicated on the final plat. County Road 49 is classified by the County as a rural area arterial and requires a 130-foot right-of-way. County Road 49 serving this development is paved. The Department of Public Works is requiring a 30-foot right-of-way for County Road 52 to be dedicated on the final plat.County Road 52 is classified by the County as a local gravel road and requires a 60-foot right-of-way. County Road 52 serving this development is gravel. F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. The Weld County Departments of Public Works and Planning Services have required an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Ridgeview PUD for all on and off-site improvements prior to recording the final plat. G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The applicants have entered into an avigation easement with the Greeley/Weld County Airport Authority(reception#3205455) because the proposed development is within the approach path of the airport. According to the application,there are three known mineral interests;the State of Colorado, Prima Oil and Gas Company, and Patina Oil and Gas Corporation. In a letter dated September 17,2004 Patina Oil and Gas Corporation stated that they have no concerns with the proposed development. The Department of Planning Services has not received any correspondence from the State of Colorado or Prima Oil and Gas Company regarding the proposed development. The Conditions of Approval will ensure that all future structures will meet the appropriate setbacks. H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district,as described previously. The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning Services is in agreement with this request. This approval recommendation is based upon compliance with Chapter 27 requirements. P&A Turkey Farms Inc. (PZ-1050),page 5 Planned Unit Development Change of Zone for nine(9)lots(Ridgeview PUD)with Estate uses except animal units and carriage estates as stated in the development standards, one (1) common open space Outlot(6.611 acres), and two (2) agricultural Outlots (101.106 acres) is conditional upon the following: 1. Prior to recording the Change of Zone Plat: A. The Change of Zone plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled PZ-1050. (Department of Planning Services) 2) All future signs including entrance signs, street signs and stop signs shall be delineated on the plat. (Departments of Planning Services) 3) The internal roads shall address all issues indicated in the Weld County Department of Public Works referral dated September 20, 2004. Written evidence of their approval shall be submitted to the Department of Planning Services. (Department of Public Works) 4) The applicants representative has indicated that Outlot A will be used as a drainage detention for the development, therefore the plat shall be amended to show a detention pond in Outlot A. (Department of Planning Services) 5) The plat shall be amended so the"farm/oil and gas accesses"from County Road 49 is only for"oil and gas access". (Departments of Planning Services) 6) The plat shall be amended so the"farm access"from County Road 49 is removed. (Department of Planning Services) 7) The existing residential access on Block 2, Lot 1, off of County Road 49 shall be removed. (Department of Planning Services) 8) The plat shall include the Weld County's Right to Farm per Appendix 22-E of the Weld County Code. (Department of Planning Services) 9) Given the lot sizes, the likelihood of engineered septic systems, and that livestock are allowed on lots, two septic system envelopes (primary and secondary)shall be placed on each lot. Written evidence of their approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) B. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) C. The applicant shall address the remaining requirements(concerns)of the Farmers Reservoir and Irrigation Company as stated in the referral response received 10/20/03. In their referral the Farmers Reservoir and Irrigation Company indicated they would like a minimum of 20' maintenance road on both sides of the ditch. The applicants shall submit written evidence to the Department of Planning Services that the road is within the ditch right of way, an agreement has been made with the Farmers Reservoir and Irrigation Company or evidence that an adequate attempt has been made to mitigate their concerns shall be submitted to the Department of Planning Services. (Department of Planning Services) D. The existing septic system(currently not known to be permitted)must be properly abandoned in accordance with Section 30-4-20(D)as a part of this development OR the existing septic system will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit P&A Turkey Farms Inc.(PZ-1050),page 6 (recorded Statement of Existing).Written Evidence from the Department of Public Health and Environment showing the applicant has met their requirements shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) E. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within thirty(30)days of approval by the Board of County Commissioners.With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are.dwg,.dxf,and .dgn (Microstation); acceptable GIS formats are.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 2. The Change of Zone is conditional upon the following and each shall be placed on the Change of Zone plat as notes, prior to recording: A. Change of Zone PZ-1050 is from A(Agricultural)to PUD (Planned Unit Development).The PUD shall consist of nine (9)residential lots with Estate uses, one(1)common open space Outlot(6.611 acres),and two(2)agricultural Outlots(101.106 acres).The Estate uses shall comply with the Estate Zone District requirements as set forth in Section 23 of the Weld County Code except for animal units and carriage estates as stated in the development standards. (Department of Planning Services) B. The intent and use of the carriage estates within the proposed development is to be consistent with the definition of auxiliary quarters in Section 23-1-90 of the Weld County Code with the exception of the 2.5 acre minimum lot size. (Department of Planning Services) C. There may be a combination of cats and dogs not to exceed three animals on each lot. (Department of Planning Services) D. Each lot shall have no more than one animal unit. Each of the following shall comprise one "animal unit":two horses,one burro,one mule,one cow,three llamas,six alpacas,six rabbits or ten chickens (no roosters). A combination of animals is allowed as long as the total animal units does not exceed one animal unit per lot. (Department of Planning Services) E. A maximum of two (2) offspring, up to six (6) months old, shall be excluded from the calculation for animal unit. (Department of Planning Services) F. No swine, sheep or goats shall be allowed unless approved by the HOA, specific to 4-H projects. The number of swine, sheep,or goats shall never exceed four of any combination per lot. (Department of Planning Services) G. Water service shall be obtained from Central Weld County Water District. (Department of Public Health and Environment) H. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement,or modification of the system. (Department of Public Health and Environment) Primary and secondary septic envelopes shall be placed on each lot. Each envelope must meet all setback requirements. (Department of Public Health and Environment) J. Activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) K. If required,the applicant shall obtain a storm water discharge permit from the Water Quality P&A Turkey Farms Inc. (PZ-1050),page 7 Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) L. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) M. 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 which are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) N. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice,and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) O. All landscaping within the site distance triangles must be less than 3% feet in height at maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be located outside of the sight distance triangles. (Department of Public Works) P. Weld County's Right to Farm shall be recognized at all times. (Departments of Planning Services and Public Health and Environment) Q. The site shall maintain compliance at all times with the requirements of Weld County Government. (Department of Planning Services) R. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) S. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) T. A Home Owner's Association (HOA) shall be established prior to the sale of any Lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities along with the enforcement of covenants.(Department of Planning Services) U. Appropriate Building Permits shall be obtained prior to any construction of structures or excavation. (Department of Planning Services) V. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) W. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Building Inspection) X. 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 P 8 A Turkey Farms Inc. (PZ-1050),page 8 Code and Chapter 29 of the Weld County Code. (Building Inspection) Y. 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. (Building Inspection) Z. 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 Weld County Code. (Building Inspection) AA. 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. Offset and setback requirements 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. (Building Inspection) AB. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) AC. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) AD. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 4. At the time of Final Plat: A. Prior to recording the final plat,the applicant shall provide written evidence from Weld County School District RE-7 which indicates that all district requirements have been met. (Department of Planning Services) B. The applicant shall submit an Improvement Agreement regarding collateral for all improvements to the PUD Subdivision for acceptance by the Board of County Commissioners prior to recording the final plat. (Department of Planning Services and Department of Public Works) C. The applicant shall submit covenants for Ridgeview PUD. The covenants shall include the following number of animal units and language for the protection of septic envelopes, activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures,dirt mounds,etc.) are expressly prohibited in the designated absorption field site. The covenants shall be approved by the Weld County Attorney's Office prior to recording the final plat. Original copies of the approved covenants and Bylaws and Articles of Incorporation for the Homeowners Association along with the appropriate recording fee P&A Turkey Farms Inc. (PZ-1050),page 9 (currently$6 for the first page and$5 for subsequent pages)shall be submitted to the Weld County Department of Planning Services. (Departments of Planning Services and Public Health and Environment) D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of Planning Services) E. The applicant shall enter into an agreement with Weld County to proportionally share the cost of improvements to the County Roads. The applicant shall submit a proposed agreement with the final plat application. (Department of Public Works) F. The applicant shall submit to the Department of Planning Services evidence of review for the preliminary addresses and street name from the Postal Service,Fire District and Sheriff's Department. (Department of Planning Services) G. All landscaping within the site distance triangles must be less than 31/2 feet in height at maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be outside the sight distance triangles. (Department of Public Works) H. Roadway and grading plans along with details must be approved prior to recording final plat. Indicate stop signs and street names on final roadway plans. (Department of Public Works) Easements shall be shown in accordance with County standards and / or Utility Board recommendations on the final plat. (Department of Planning Services) J. The applicant shall provide a pavement design prepared by a professional engineer along with the final plat submittal. (Department of Public Works) K. A final drainage report and construction plans, conforming to the drainage report, shall be approved prior to recording final plat. (Department of Public Works) M. The applicant shall address the remaining requirements (concerns) of the Weld County Sheriff's Office as stated in the referrals response dated 9/14/04 and 10/20/03. (Sheriffs Office) N. The applicant shall address the remaining requirements(concerns)of the Farmers Reservoir and Irrigation Company as stated in the referral response received 10/20/03. In their referral the Farmers Reservoir and Irrigation Company indicated they would like no drainage into the ditch. The applicants shall submit written evidence to the Department of Planning Services that an agreement has been made with the Farmers Reservoir and Irrigation Company or evidence that an adequate attempt has been made to mitigate their concerns shall be submitted to the Department of Planning Services. (Department of Planning Services) O. Prior to recording the final plat, the applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are.dwg, .dxf,and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) MEMORANDUM Istz III TO: Weld County Planning Commissioners COLORADO DATE: September 27, 2004 FROM: Michelle Martin/?/ 4 SUBJECT: PZ-1050 P & A Turkey Farms, Inc. has applied for a Planned Unit Development Change of Zone for nine (9) lots (Ridgeview PUD) with Estate uses, one (1) common open space outlot (6.369 acres), and two (2) agricultural outlots (101.106 acres) case PZ-1050. The Department of Planning Services is requesting the case be continued November 2, 2004 to allow for appropriate notification. r rit DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 918 10'" STREET WIlD c GREELEY, COLORADO 80631 COLORADO August 18,2004 P&A Turkey Farms Inc do Todd Hodges Design LLC 2412 Denby Court Fort Collins CO 80526 Subject: PZ-1050- Request for a Planned Unit Development Change of Zone for nine(9)lots with Estate uses;one (1)common open space outlot(6.369 acres);and two (2)agricultural outlots (101.106 acres)on a parcel of land described as part of the NE4 of Section 36,T5N, R65W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for October 5,2004,at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Evans, Garden City, Kersey and LaSalle Planning Commission for their review and comments. Please call Evans at(970)339-5344,Garden City at(970)351-0041, Kersey at(970)353- 1681 and LaSalle at (970) 284-6931 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Evans,Garden City,Kersey and LaSalle Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of fifteen days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, i ‘CL Q-LLi Michelle Martin Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS October 15,2004 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Voneen Macklin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 15 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR PZ-1050 IN THE A (AGRICULTURAL) ZONE DISTRICT. Voneen Macklin Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this s'Y day of OCID1- r' , 2004. WITNESS my hand and official seal. otary Public (7riS) i 1rIt% 1�► �rE e`ttk' My Commission Expires: \V' •1 rr ' t � le"ne ' . n N 1.xtji iL-' oK� 1371 8^`7 =1• •I .1t.-..-4., 1 .1..Y;;;•;:-;;;11,\S ' i + 1 .. b"' 1.: •- lit �.J' J.: � :.. .x • - - !bi f' - �•�1i ! : .;-11 � ;_ r•.1... . ''.- ▪i _, • f� _ c, .�l; / WHPc NOTICE wok r -. v��.. . h At v A PUBLIC HEARING CON �'' ~ ': -ii ` THIS PROPERTY WILL BE HELD AL ' : • -°' -- ' 'r' -`4 11 -rye , J el ,..?I ,. . .�(, � • yr t kWri:;#rsa� •r NAME - �,- It44,, FgsMc � o' S � . • '• s:. ..:,.....--. A` ,•.. (el !.IS v,1 G1•.+ vJV L.v7 .....! E+. ., f _• Nit yam,' •A.. . 2C/404.1 '4. REQUEST (...., .,.r c..w 7,,..; .r in ti' Asa r. a...... . `-E • . °•,"-e...: se .• 4tr,�f 3• ` I . CASE NO. _ ACRES 4 • '`� . lCt ' . ', 1. . a ': FOR MORE INFORMATION CALL t Fr: .. - WELD COUNTY DEPARTMENT OF j '• � `A ' •` . �,. c-~. , �. r PLANNING SERVICES `-,. ' t r,, anti -0-. ' t:4. k_ AT .. K rjr:ff :-.ziiii ,;_ • ( 970 )353 -6100 ext. 3540 -It ..d r :•1 � ` S " " .ter F-. ' - � E ' � ', fIiG�j° /r!;• . , • A ♦ • 21 . L` 0 lbw R•4``' . ; - • Looking South • •,< r . �-_ r '!'!� Looking Southeast a .. ,. - _ Via. :4-..... :Mr 1. _ Looking East No . • _ _ • Looking South wigis .,.r ail- f tp i 1 ' , 1Lf. t �' l . .. .'. .: K•. i �-- —'—':- _ _.,c-7— ro 1 . . .. r_ f, I ; • ; • -r r y� �y ,. 'r . ''f . I 1 i r r Rf _" v l r` s� r -Cif x ft..sue k >- Looking North - - Looking Northwest r :t • :z. 1: . ' �, t • . , . s ';.; 4 ...,L.;. . 'S.°, ti . ', ^ " '7 c•- r 4.1"..?• c` ^1t. Looking Southwest 4 Looking \Vest FIELD CHECK inspection date:10/22/04 CASE NUMBER: PZ-1050 APPLICANT: P & A Turkey Farms LEGAL: Pt. NE4 Section 36, T5N, R65W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to County Road 52 and West of and adjacent to County Road 49 Zoning Land Use N A (Agricultural) N Residential E A (Agricultural) E Residential S A (Agricultural) S Agricultural W A (Agricultural) W Residential COMMENTS: There is an existing home on the property with some horses A pivot sprinkler The Gilmore Ditch runs along the West side of the property There are currently 4 access to the property along with oil and gas wells d' Miche le Martin , Planner • c Page 1 of Michelle Martin • From: Pam Smith Sent: Tuesday, December 14, 2004 9:33 AM To: Michelle Martin; Hodges,Todd Subject: P&A Turkey Farm revised Change of Zone plat Michelle, I have reviewed the placement and size of the septic envelopes and found them to be adequate. This would satisfy item 1(A)(8)on the BOCC resolution. Any questions, please call me.x211 Pam • 12/14/2004 1/ c> c a Todd Hodges Design, LLC December 8, 2004 Ms Michelle Martin,Planner Weld County Planning Services 918 10th Street Greeley, CO 80631 RE: Ridgeview PUD Change of Zone,PZ-1050 Dear Ms Martin: Attached is a copy of the updated change of zone plat for PZ-1050. The updates are based on the conditions of approval and comments made at the Planning Commission hearing concerning vehicle lights and the road alignment. The project engineer has been working closely with Peter Schei on the re-alignment issue. The updates include: 1. Re-alignment of the roadway to address vehicle lights shining into the house located north of the property; 2. The addition of a 20' agricultural/ditch access easement across outlot A; 3. The removal of the existing most southern agricultural access and the existing residential access onto WCR 49; 4. A sign detail, and 5. Septic envelopes on the plat. These changes to the plat as well as correspondence from Peter Schei address conditions of approval 1A2 through 1A8 and condition 1C. We request that the conditions be removed from the resolution at the Board hearing. If you have any questions or comments,please contact me at your earliest convenience. Thank you for your consideration of these items. Sincerely,ess7Todd A. Hodges, Principal Todd Hodges Design,LLC Pc: Doug Pluss,Ruth Becker,Peter Schei,Pam Smith Enclosures 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 •fax(970) 613-8775 email: toddhodgesdesign@earthlink.net Q Page 1 of 3 Michelle Martin • From: toddhodges @ toddhodgesdesign [toddhodges@qwest.net] Sent: Monday, November 01, 2004 11:40 AM To: Michelle Martin Cc: Doug Pluss; Ruth Becker; mary@wcecivil.com Subject: PZ-1050 conditions of approval Michelle, We have gone over the latest version of the Planning Staff recommendation for PZ-1050 that goes to PC tomorrow. I would like to address a few of the conditions so that they can be discussed and/or be removed from the staff recommendation tomorrow. .Conditions 1A3 and 1A4 pertain to items under the review of Public Works. The project engineer has been working with Peter Schei concerning these two items and my understanding is that Peter will follow up with you. \`Condition 1A5: The two existing access points for oil&gas operations are also critical to the continued agricultural uses on the agricultural outlot under a conservation easement. We respectfully request that this condition be deleted. Condition 1A6: The applicant is willing to remove the most southern existing agricultural access. This determination was made based on the existence of the other access points that are critical to the existing and future agricultural uses of the outlot. '- Condition 1A7: The applicant is ok with the proposed condition as long as it is clear that the use of the existing residential access onto WCR 49 from Blk 2 Lot 2 remain until reasonable access can be made onto Ridgeview Lane. Condition 1 B: A copy of the tax statement was submitted to you on October 20, 2004. Let me know if you need any further information concerning this condition. Condition 1C: The only remaining item to be addressed in the FRICO referral dated 10/20/03 is the final discharge information. This information will be provided to the ditch company for review as,indicated in Condition 4N. To our knowledge the existing access onto WCR 52 is located within the PUD and not the ditch Right-of- Way. The access is critical for the existing and future uses of the agricultural outlot. Below, I have attached a copy of the email correspondence from Manuel Montoya responding to Mary Wohnrade, the project engineer about his referral. We respectfully request that this condition be deleted. Original Message From: "Manuel Montoya" <Manuel@farmersres.com> To: <mary(cr�,wcecivil.com> Cc: "Ruth Becker (E-mail)" <rbeckerlaw@comcast.net>; "Todd Hodges (E-mail)" <toddhodgesagwest.net> Sent: Thursday,March 04, 2004 1:36 PM Subject: RE: Sketch Plan Comments for P&A Turkey Farms (Ridgeview P.U.D.) Regarding the drainage we need to work on storm flows retention to prevent flows from entering into the canal or at least retain flow then release at a very slow rate into the canal to empty the pond or swale over a 72 hr period. The balance of the responses appears to be reasonable. mm Original Message 11/01/2004 Page 2 of 3 From: Mary Wohnrade [mailto:mary@wcecivil.com] Sent: Wednesday,March 03, 2004 9:36 AM To: Manuel Montoya Cc: Ruth Becker(E-mail); Todd Hodges (E-mail) Subject: Sketch Plan Comments for P&A Turkey Farms (Ridgeview P.U.D.) Manuel: We have reviewed your comments dated October 16, 2003, relating to the subject development, and would like to address each item herein. Comment No. 1: Drainage (no developed flows to canal) Response: I believe that you and I discussed this topic years ago and came to the conclusion that, since historic flows are currently directed to the canal then stormwater runoff from the proposed development may also be discharged to the canal at historic rates. Comment No. 2: Boundary line between properties (min. of 20' maintenance road on both sides of canal) Response: I believe that there are currently two access roads along the canal, one on each side of the canal. We will ensure that a minimum of 20' is provided along the east side of the ditch in the vicinity of the proposed detention pond. It appears however,that the existing ditch access road on the east side of can ' ocated outside of the 90' Gilmore Canal -wa t is likely that we have to dedicate an access easement thru Outlot A to accommodate the existing road. Comment No. 3: Groundwater into basements. Response: A comment from the Weld County Public Works Department states that"lots may not accommodate full-depth basements due to groundwater levels". Homes constructed within the Ridgeview development must adhere to • this requirement. Comment No. 4: Crossing needed across canal. Response: A crossing agreement has been prepared, and was recorded on 3/24/2003 with the Weld County Clerk and Recorder. Comment No. 5: Right to farm understanding. Response: The right-to-farm statement will be placed on all plats to be recorded for this PUD. 11/01/2004 Page 3 of 3 • Please let me know if you have any additional comments relating to the preceding responses. Mary B. Wohnrade,P.E. Wohnrade Civil Engineers, Inc. 2695 W. Eisenhower Blvd., Suite 110 Loveland, Colorado 80538 Phone: 970-667-4995 Fax: 970-667-4984 Email: mary®wcecivil.com Michelle,please review and give me a call or email response concerning the above conditions. Thank you for your time and consideration in this matter. Have a great day. Todd Hodges, Principal Todd Hodges Design, LLC 970-613-8556 This message and the attached documents are for the sole use of the intended recipient and may contain confidential and privileged information. Any unauthorized review, use, dissemination, copying, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email or by telephone (970-613-8556) and destroy all copies of the original message. Thank you. • • 11/01/2004 Sunflower Page 1 of 2 Q • Michelle Martin From: Peter Schei Sent: Monday, October 25, 2004 8:28 AM To: Michelle Martin Subject: RE: PZ-1050 Ridgeview PUD • Good Morning, Michelle. I have pulled the file and reviewed the drainage report submitted at change of zone... It is my interpretation / opinion that the "Ditch" has historically received stormwater from the surrounding property and the developer/engineer will only be releasing this same historical (5-year stormwater) amount into the "Ditch". [I believe this is OK from Weld County perspective.] Should the "Ditch" owner and developer/disagree on stormwater discharge into the "Ditch", this is a matter that they should work-out between themselves - Public Works will not be drawn into their affairs - I will review submitted materials with-respect-to development standards. The drainage report states: "Developed runoff from the 100-year storm will be released at a 5-year historic rate into Gilmore Ditch." Should the "Ditch" company want NO water to enter their"Ditch", then the developer/ engineer must work with the "Ditch" company- a private matter between these two entities. I do not foresee any problem with what the developer/ engineer has proposed for the drainage. Michelle, we may not be able to 'resolve' this for the developer/ engineer AND "Ditch" company...they should resolve this issue.and then come to the County with their agreement. Sometimes I feel we get dragged into situations... Let me know if you have further questions or suggestions. Have a nice day, Peter. • PeterSCHEI,P.E.,N.S.P.E. Public Works Department Weld County pschei( co.weld.co.us From: Michelle Martin Sent: Friday, October 22, 2004 1:10 PM • To: Peter Schei Subject: PZ-1050 Hi Peter, 10/25/2004 Sunflower Page 2 of 2 The applicants for PZ-1050 sent me an email from you regarding the drainage for the proposed development. In the email you state that you have no problems with the drainage. The ditch company wants verification that no water will run into the ditch. Do you foresee any problems? Weld County Planner I 918 10th Street Greeley, CO 80631 (970) 353-6100 x 3540 FAX(970)304-6498 • 10/25/2004 • Page 1 of 1 Michelle Martin • From: Pam Smith Sent: Monday, October 25, 2004 10:44 AM To: Michelle Martin Subject: P &A Turkey Farm well info Michelle, I have reviewed the well information and the explanation has been satisfactorily addressed. Thanks, Pam 10/25/2004 O Postal'Fax Note 7671 Daze- Vares► Ta W2l I pr#4-0ya_ Fe t,Ql? LitItionz 2 CoADept.Phone . Wohnrade Civil Engineers, Inc. 3 S4 3 i 7 a t 3 fn5'1 i¢0'"I") 'S�'73 hi 2-11 Ref 0301.00-02 May 10, 2004 Manuel Montoya General Manager The Farmers Reservoir and Irrigation Company 80 South 271"Avenue Brighton, CO 80801 9 Subject Ridgeview(P&A Turkey Farm) P.U.D. WCE Project No. 0301.00-PAF Dear Mr. Montoya: This letter confirms our recent telephone conversation on April 25, 2005. It is agreed that the Farmers Reservoir and Irrigation Company concurs with the 0.22 cfs release of stormwater from the subject site(over a 72 hour period).into the ditch owned by Farmers Reservoir and Irrigation Company.- It is also agreed that the-a • provided to Farm s Reservoir and Irrigation Company will be sufficient for its nee s. Accordingly, all concerns expressed by Farmers Reservoir and Irrigation Company have been satisfied. If this meets with your understanding of our conversation, please sign a copy of this letter and 1 will pick it up on May 18"', 2005. It was a pleasure speaking with you, and on behalf of the owner we thank you for your continued cooperation on this project. Sincerely, WOHNRADE CML ENGINEERS, INC. InaltAVO Mary B.Wohnrade, P.E. Manual Montoya Date cc: Mr. Doug Muss Mr. Todd Hodges, Todd Hodges Design, LLC ilrmois Office Core aowrfe• 337 W.Main sheet 1269 tr_Cleveland Avenue Barrington,trawls 60010 Loveland,Colorado 80538 Phone:847481-2745 8883812745 AL. Fat 847.381-2746• Q\CCe}� (3nOV.a-e.� Cc�n. s n yttNtb „ Mtt1 t !vet o )5eq �� els ( rlf�el��v�q�rte� /8 7` oS wac Ns k sZaat cat ' 03` @t7.v.c,9. Wct a 'bsfiquQS Is,"%tin ti‘ Vast 4CC9 4QI3N (,m& 0rtei .. ih • '‘,I Plat Checklist POC Planner il Item Comments Check Check . Proper size and material C24"x 36' or 18"x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt.lettering 1.0.`9...., Boundaries of Lots Scale Suitable Scale 1'= 1"=100') t V Accesses indicated • Shared Access?If so,is easement Certificate included? ' le"'"_ Roads labeled,including lie-----R.O.W ' Building Envelope(s) Vicinity Map Suitable Scale? (Minimum 1"=2000') gva 10 160.01 i 100e' L North Arrow L .* Legal Description Notes from Planner/ Development Standards Conditions of Approval0/. Owner's Certificate Notarial Certificate included?All owners must sign the plat, 1/e check the deed. Surveyor's Certificate and All surveyed plats IVe Surveyor's Stamp Note:USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE,SE,SPR,Final PUD if Certificate Staff Approved) / Planning Commission (USR, COZ,Minor Sub.Final) • Vis' Certificate Board Certificate (USR,COZ„Minor Sub Final) y (Final PUD,RE,SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub.and Final PUD) Easements • Please • Preturn the plat to e CA T cy within 24 hours of receiving the plat. Planner on Call: •//V/(IInnii/hals) f • Planner Signature: Date: ri&it*q?i APPLICATION FLOW SHEET LEWIC. COLORADO APPLICANT: P & A Turkey Farms, Inc. CASE #: PZ-1050 REQUEST: Planned Unit Development Change of Zone for nine (9) lots with Estate uses, one (1 ) common open space outlot (6.369 acres), and two (2) agricultural outlots (101 . 106 acres) LEGAL: Pt. NE4 Section 36, T5N, R65W of the 6th P.M., Weld County, CO LOCATION : South of and adjacent to County Road 52 and West of and adjacent to County Road 49 PARCEL ID #: 0961 36 000015 ACRES: +/- 126. 186 DATE BY Application Received 8/10/04 JH Application Complete 8/17/04 MM cori6- PC Hearing Date: 10/5/04 Action: j/ Z/ . Utility Board Date: PC Sign to be Posted By: job/0i PC Sign Posted /CHOC/ Mai Referrals Listed 8/17/04 MM File Assembled t.% (-II- Referrals Mailed e . t ` . c4 Chaindexed S S . t €- . O---1 Letter to Applicant Mailed e , t scut Date Public Notice Published in County Newspaper Ck , l z C t-{ Surrounding Property & Mineral Owners Notified L (ft' • L4 Planning Technician Maps Prepared Field Check by DPS Staff OA 2/4 Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Apnoea Action : /1' CC Sign to be Posted By: CC Sign Posted Plat and/or Resolution Recorded Recorded on Maps and filed Overlay Districts Geologic Yes No—X Zoning Agricultural Flood Hazard Yes No_X Airport Yes Xi, No !4i Panel #080266 0775 C Road Impact Area 4 ` Ain r.#-A �� / n_ -1-n J (JAL/ (["1 ti 13/4"./ LAAA > Tom! A / WELD COUNTY,COLORADO 7 \ c-PARTMENT OF PLANNING SERVICES WELD COUNTY, COLORADO . /OSD 4209 CR 24.5 �]/ DEPARTMENT OF PLANNING SERVICES 'h LONGMONT,CO 80504 918 10TH STREET PHONE(720)652-4210, EXT.8730-FAx(720) 652-4211 GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540/ FAX: 970-304-6498 DATE: 20 RECEIPT Date: ; l i _ 20 Receipt No. I ` 8 0 RECEIVED FROM: Received From: Permit Type No. Description Fee NO. TYPE FEES 4221-RE/SE 4221 -RE/SE 4221-ZPMH 4221 -ZPMH 4221-USR 4221 -USR 4221-SITE PLAN REVIEW 4221 -SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221 -COZ 4221-PUD 4221 -PUD 4221-MINOR/MAJOR SUB 4221 -SUBDIVISION #OF BUILDABLE LOTS 4221 -BOA 4221-ADDITIONAL 30% 4221 -FHDP/GHDP FEE FOR SUB's 4430-MAPS/PUBLICATIONS 4221-RE-SUBDIVISIONS 4430-POSTAGE 4221-BOA 4430-COPIES 4221-FHDP/GHDP - 4730-INVESTIGATION FEE 4430-MAPS / POSTAGE 6560-RECORDING FEE 4430-COPIES MISC. 4730-INVESTIGATION FEE 6560-RECORDING FEE / ) '117 misc. / El CASH 71CHECK NO: / 1 S ( TOTAL BY: JCASH •_1CHECK NO. TOTAL FEE WHITE-CUSTOMER CANARY-FINANCE PINK-FILE Receipted By: DL# Exp. Hello