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HomeMy WebLinkAbout20041668.tiff RESOLUTION RE: GRANT CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - UIV LAND, LLC, C/O NOLAN ULMER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,a public hearing was held on the 14th day of July, 2004, at 10:00 a.m.for the purpose of hearing the application of UIV Land, LLC,do Nolan Ulmer 16529 Weld County Road 70, Greeley,Colorado 80631,requesting a Change of Zone from the A(Agricultural)Zone District to the PUD (Planned Unit Development) Zone District for nine (9) residential lots with E (Estate) Zone uses, two (2) lots with A(Agricultural)Zone uses, and 13.63 acres of Common Open Space for a parcel of land located on the following described real estate, to-wit: Lot B of Amended Recorded Exemption#3340; being part of the NW1/4 of Section 20, and part of the SW1/4 of Section 17, all in Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at the request of Planning Services staff, the Board deemed it advisable to continue the matter to July 28, 2004, to allow adequate time for sign posting, and WHEREAS, on July 28, 2004, due to the lack of a quorum, the matter could not be heard, and WHEREAS,on Monday,August 2,2004,during the next regularly scheduled Board meeting, the Board of Commissioners called up the matter and continued the hearing to August 11,2004,as previously arranged by the Clerk to the Board's Office with the applicant,when a full quorum of the Board would be present, and WHEREAS,on August 11,2004,the applicant was represented by Chris Pickett of Pickett Engineering, Inc., 808 8th Street, Greeley, Colorado 80631, and WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of said Change of Zone, and WHEREAS,the Board of County Commissioners heard all the testimony and statements of those present,studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed,finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 27-5-30 of the Weld County Code. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, C/O NOLAN ULMER PAGE 2 2. The request is in conformance with Section 27-6-120.D as follows: a. Section 27-6-120.D.5.a -- The proposal is consistent with any intergovernmental agreement in effect influencing the Planned Unit Development and Chapter 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision),and Chapter26(Mixed Use Development)of this Code. The proposed site is not influenced by an Intergovernmental Agreement,and the proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-60.A(A.Goal 1)states,"Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." Section 22-2-60.1.1 (A.Goal 9)indicates that eighty(80)acres is considered the minimum lot size for a viable farming operation. The subject parcel is 148.11 acres net in size and is classified as "prime" and "prime if irrigated" farmland on the Important Farmlands of Weld County Map. Historically,the subject parcel has not been utilized for crop production. Given the lack of viable soils, lack of irrigation water, the wetland swale through the middle of the site, and shape of the parcel, the parcel is not economically viable for agricultural production. Therefore, prime farmland will not be removed from production. 2) Section 22-2-60.D(A.Goal 4)states, "Conversion of agricultural land to residential, commercial, and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area, or 1-25 Mixed Use Development area and urban development nodes." The application proposes non-urban scale development as defined by Section 27-2-140 of the Weld County Code,which defines non-urban scale development as"...developments comprising of nine (9)or fewer residential lots, located in a non-urban area as defined in Chapter 22 of this Code, not adjacent to other PUDs,subdivisions, municipal boundaries or urban growth corridors." This proposal includes public water and consists of nine (9) PUD Estate zoned residential lots,two non-buildable agricultural lots(Lot 8A and Lot 9A), and 13.63 acres of open space. The proposed minimum lot size is 5.2 acres, with an overall density of 16.4 acres per septic system. 3) Section 22-2-60.C(A.Goal 3)states, "Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County." The proposed level of development is non-urban as defined in Section 27-2-140 of the Weld County Code. The addition of nine (9) PUD Estate zoned residential lots will have minimal impact on the local service providers. 2004-1668 PL1726 CHANGE OF ZONE#1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, C/O NOLAN ULMER PAGE 3 4) Section 22-2-110.C (UGB.Goal 3) states, "The County and municipalities should coordinate land use planning in urban growth boundary areas, including development policies and standards, zoning, street and highway construction, open space, public infrastructure and other matters affecting orderly development." This proposal is located inside of the City of Greeley Long Range Expected Growth Area, yet outside of the City of Greeley's Urban Growth Area. The Town of Johnstown and Larimer County have indicated no conflict with their interests. 5) Section 22-2-190.6.3 (R.Policy 2.3) states, "New residential development should demonstrate compatibility with existing surrounding land use in terms of general use,building height,scale, density, traffic, dust and noise." The proposed PUD takes into consideration the surrounding properties, as well as the site advantages. The site is designed with a perimeter buffer around all lots separating the residential lots from Weld County Road 15 and the Greeley and Loveland Canal. Weld County's Right to Farm statement,as stated in Appendix 22-E of the Weld County Code,will be required to be placed on the plat. Additionally,the applicant shall place the oil and gas drill envelopes on all plats. 6) Section 22-2-210.D.2 (PUD.Policy 4.2) states, "A Planned Unit Development which includes a residential use should provide common open space free of buildings,streets,driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation...." This proposal includes approximately thirty-three (33) percent open space. Further, the landscape treatment will focus on the retention of the established native plant species,the wetland swale,and the agricultural parcels that may be farmed. Every effort is made to retain the native grasses and drought tolerant vegetation in an effort to conserve available water. 7) Section 22-3-50.6(P.Goal 2)states,"Require adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of the County." The proposed PUD will be serviced by the Little Thompson Water District for potable water and fire protection requirements. Individual Sewage Disposal Systems will handle the effluent flow. b. Section 27-6-120.D.5.b --The uses which will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Article II, of the Weld County Code, with one exception,the minimum residential structure size is 2,000 square feet,and maximum residential structure size is 4,800 square feet. Aside from this 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, 0/O NOLAN ULMER PAGE 4 modification to the bulk standards, the applicant has met the twenty Performance Standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. c. Section 27-6-120.D.5.c -- The uses which will be permitted will 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 Intergovernmental Agreement. In a letter,dated February 20,2004,the City of Greeley stated that the proposal is within its Long Range Expected Growth Area, yet outside of its Urban Growth Area. The City recommended denial of the Planned Unit Development as it does not comply with the City's 2020 Comprehensive Plan. The Town of Johnstown and Larimer County both indicated no conflict with their interests. d. Section 27-6-120.D.5.d -- The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Chapter 27,Article II, of the Weld County Code. The Little Thompson Water District has indicated its ability and willingness to service this application. The Office of the State Engineer, in a letter dated February 23, 2004, stated the Little Thompson Water District will provide water for the residential lots. The District has agreed to serve the proposed site and a copy of an approved "Agreement for Water Main Extension" has been submitted. Sewage disposal will be provided by Individual Sewage Disposal Systems. The geotechnical report from Northern Colorado Geotech, dated September 13, 2002, and submitted with the Sketch Plan application, indicates that most,if not all,lots will be suitable for conventional septic systems. Percolation rates were found to be in the fair range and shallow groundwater was found in boring #2 at 6.8 feet. The property contains two larger ditches,small runoff ditches,and a marshy pond area in the open space. There should be no problem locating septic systems on the lots that meet all setback requirements because of the size of each lot and, therefore,the Department of Public Health and Environment will not require primary and secondary envelopes to be located on each lot. The site is within the one-mile buffer area for the 2004 West Nile Virus abatement area. Because of the marshy pond area (per the drainage report the pond is described as permanent; a discharge pipe is above the bottom of the pond) the Department of Public Health and Environment recommends the development consider a mosquito abatement plan should it become necessary in the future. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, C/O NOLAN ULMER PAGE 5 e. Section 27-6-120.D.5.e--Street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Department of Public Works has reviewed the proposal and has determined that the internal roadway exceeds the County's maximum block length of 1,500-feet permitted by Section 24-7-40-E of the Weld County Code.The applicant has addressed the excessive length of the internal roadway with two additional turn arounds and an emergency access proposed along the Farmers Irrigation Ditch. The Department of Public Works finds no design geometry conflicts. Further, Weld County Road 15 is classified by the County as an arterial road and requires a 110-foot right-of-way. The applicant shall verify 55-feet of right-of-way, and the documents creating the right-of-way shall be noted on the Change of Zone plat. A 30-foot right-of-way exists on the applicant's side of the section line. An additional 25-foot right-of-way must be dedicated on the Change of Zone plat to complete the 55-foot right-of-way required for Weld County Road 15 on the applicant's side of the section line. The ancillary right-of-way reservation does not appear to influence the development in a detrimental manner. Weld County Road 56 right-of-way passes through this development along a section line; however, the roadway does not exist. Weld County Road 56 is classified by the County as a local road and requires a 60-foot right-of-way. The applicant has proposed to vacate right-of-way within the development. The Department of Public Works is in agreement with this proposed vacation. f. Section 27-6-120.D.5.f--The Conditions of Approval will ensure compliance with Chapter 24,Article VII, and Sections 24-9-10 and 24-9-20 of the Weld County Code. The Weld County Departments of Public Works and Planning Services will require an Improvements Agreement for improvements to Stillwater Acres Drive and all on-site improvements. g. Section 27-6-120.D.5.g --There has been compliance with the applicable requirements contained in Chapter 23 regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The Colorado Geological Survey, in its referral letter dated February 21, 2004, identified a concern with subsurface groundwater. Below-grade construction should include foundation drains that discharge by gravity to prevent the build-up of subsurface water near foundation components and potential seepage into crawlspaces and basements. The standard three (3) foot separation ground floor and groundwater is a prudent practice. The Weld County Department of Public Works stated that the submitted Drainage Plan, dated October2003, by Pickett Engineering, Inc.,is acceptable. The report, although acceptable,will require the resolving of some minor issues and the submission of additional documentation as outlined in the memorandum dated February 25,2004. In the referral response dated March 8,2004,the Department of Building Inspection is requiring engineered foundations for 2004-1668 PL1726 CHANGE OF ZONE#1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, 0/O NOLAN ULMER PAGE 6 each structure. The applicant does not have an agreement with the mineral interests associated with this property;however,the applicant has delineated drilling envelopes per State stature on all sheets associated with this application. Based on the drilling envelope locations,the building envelopes are outside of the two-hundred-foot radius for oil and gas setbacks. h. Section 27-6-120.D.5.h-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 and the Board of County Commissioners concur with this request. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the application of UIV Land, LLC,c/o Nolan Ulmer for a Change of Zone from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine(9) residential lots with E (Estate)Zone uses, two (2) lots with A(Agricultural)Zone uses, and 13.63 acres of Common Open Space on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. 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. 2. Prior to recording the Change of Zone plat: A. Amended Recorded Exemption#310, (AmRE-3310),shall be submitted to the Department of Planning Services for recording and the applicant shall submit the appropriate fees to cover this action. B. The plat shall be amended to include the following: 1) All pages of the plat shall be labeled PZ-1032. 2) The Change of Zone plat sheets shall be renumbered in successive order with sheet total given. 3) The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld County Code. 4) The cul-de-sac edge of pavement radius must be shown as a 50-foot minimum. 5) Weld County's"Right to Farm", as provided in Appendix 22-E of the Weld County Code, shall be placed on any recorded plat. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, C/O NOLAN ULMER PAGE 7 6) The Drill Envelopes for future oil and gas drilling shall be delineated on all sheets of this Change of Zone application. C. The applicant shall submit a proposed estimate for time of construction of the PUD. D. The applicant shall address the requirements of the Johnstown Fire Protection District as stated in its Sketch Plan referral, dated February 19, 2003. The applicant shall supply the Department of Planning Services with written acceptance from the Johnstown Fire Protection District. E. The applicant shall provide written evidence of acceptance of the Change of Zone plat and the notes to be placed on the Change of Zone plat from the Reorganized Farmers Ditch Company, do Randolph W. Staff, P.C. F. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: 1) The Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District is for nine (9) residential lots with E (Estate) Zone uses, and two (2) lots with A(Agricultural)Zone uses(Lots 8A and 9A),except for the minimum square footage for residential structures, as indicated in the application materials on file and subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. Noncompliance with any of the foregoing Conditions of Approval may be reason for revocation of the Permit by the Board of County Commissioners. 2) Water service shall be obtained from the Little Thompson Water District. 3) This Planned Unit Development 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. 4) If required,the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, CIO NOLAN ULMER PAGE 8 5) During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. 6) In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5)acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 7) If land development creates more than a 25-acre contiguous disturbance, or exceeds six (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. 8) The Reorganized Farmers Ditch Company and the Greeley and Loveland Canal has the authority to cut and remove trees within the right-of-way for the Reorganized Farmers Ditch Company, and will at an appropriate time, remove any and all such trees. 9) No fence shall be placed within the right-of-way, and particularly across the ditch right-of-way. Any approved fences along the ditch easement must be fireproof and stock-proof to prevent damage by cleaning of the ditch by burning and by humans, livestock,and other sources to the ditch. 10) The Reorganized Farmers Ditch Company and the Greeley and Loveland Canal have no plans to alter its operation to correct the issue of subsurface waters that arise due to water flowing within the ditch system. 11) Property owners will be required to maintain the existing irrigation and drainage patterns to maintain the quality of the water in the ditch. 12) Property owners shall acknowledge that no livestock watering, swimming, tubing, canoeing or other use of the ditch is allowed. 13) Property owners shall acknowledge that no dumping of refuse including, but not limited to, household garbage, waste materials, grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides, or herbicides into the ditch is allowed. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, C/O NOLAN ULMER PAGE 9 14) Property owners shall acknowledge that pumps for lawn or other irrigation are not allowed from the ditch. 15) Property owners shall acknowledge that no use of the ditch easement for hiking,biking, horseback,motorcycle,off road vehicles or other motorized or non-motorized vehicle shall be allowed. 16) A Homeowners'Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilities. Open space restrictions are permanent. 17) Potential purchasers are hereby notified that a confined animal feeding operation for 2,850 head of cattle is located directly west-southwest of the intersection of Weld County Roads 15 and 56. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens; and odors from animal confinement, silage, and manure. 18) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. 19) All signs, including entrance signs, shall require Building Permits. Signs shall adhere to Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. 20) No development activity shall commence on the property, nor shall any Building Permits be issued, until the Final Plan has been approved and recorded. 21) A separate Building Permit shall be obtained prior to the construction of any building. Structures such as bus stop shelters and entrance gates, if provided, require Building Permits. 22) 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. 23) Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County. 2003 International Residential Code; 2003 International Mechanical Code; 2003 International Plumbing Code;2002 National Electric Code,and Chapter 29 of the Weld County Code. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, 0/O NOLAN ULMER PAGE 10 24) Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed be a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 25) Building height,setbacks,and offset distance shall be determined by the Weld County Code. Separation of buildings of mixed occupancy classifications shall be in accordance with Section R309.2 of the International Residential Code. 26) Building height shall be measured in accordance with the 2003 International Residential 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. All property pins shall be staked prior to the first site inspection. Approved building and foundation plans shall be on the site and available to inspectors for each inspection. 27) All buildings or structures shall maintain distances from the property lines and adjacent structures as outlined in Section 29-3-160 of the Weld County Code. 28) Complete drawings shall be submitted for review by the Johnstown Fire Protection District. 29) At the time an application is accepted for a Building Permit, a plan review will be done. A complete review of the building or structure by the Weld County Department of Building Inspection or the Johnstown Fire Protection District may reveal other building issues or areas needing attention. 30) Lots 4 and 5 may not meet all applicable setbacks for Oil and Gas exploration. Should this be the case, two standards will apply: 1)Should the residence be constructed prior to the well being drilled, the well location will conform to the Oil and Gas Commission setbacks;2) Should the well be drilled prior to the construction of the residence and the residence not meet setbacks,the property owner will be required to apply for a variance to the oil and gas setbacks through the Board of Adjustment. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, C/O NOLAN ULMER PAGE 11 31) The property owner shall be responsible for complying with the Performance Standards of Chapter 27,Articles II and VIII,of the Weld County Code. 32) Personnel from 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. 33) The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan -If a PUD Final Plan application is not submitted within two(2)years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. 34) The PUD Final Plan shall comply with all regulations and requirements of Section 27 of the Weld County Code. 35) The site shall maintain compliance, at all times, with the requirements of the Weld County Departments of Public Works, Public Health and Environment, Building Inspection, and Planning Services, and adopted Weld County Code and policies. 3. At the time of Final Plan submission: A. The applicant shall provide a pavement design prepared by a professional engineer. B. Roadway and grading plans along with construction details will be required. C. Easements shall be shown on the final plat in accordance with County standards and/or Utility Board recommendations. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, C/O NOLAN ULMER PAGE 12 D. The final drainage report should include a comparison of the existing and developed storm conditions in the write-up, and thereby denying or confirming detention requirements. This may be covered best in a conclusions/results paragraph and would be greatly appreciated. E. 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. F. 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. G. Final drainage construction plans,conforming to the Drainage Report,shall be submitted with the Final Plan application. H. The applicant shall submit an On-site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code. The applicant shall submit evidence to the Department of Planning Services that approval was received from the Department of Public Works of an Improvements Agreement Regarding Collateral for the transportation portion of the PUD. J. Service provision impacts for ambulance services shall be addressed as required by Section 27-6-50.6.4 of the Weld County Code. K. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100 of the Weld County Code. L. The applicant shall contact Johnstown-Milliken School District RE-5J to finalize a bus pick-up and drop-off location,including the bus shelter location. M. The applicant shall contact the postal authority for this area to finalize the location of the mailbox pedestal location. N. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of the Weld County Code. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, C/O NOLAN ULMER PAGE 13 O. The applicant shall submit evidence to the Weld County Department of Planning Services with the Final Plan application that all proposed street names and lot addresses have been submitted to the Johnstown Fire Protection District, the Weld County Sheriffs Office, the Weld County Paramedic Service, and the Post Office for review and approval. The final plat shall indicate an approved street name. P. The applicant shall submit a set of sign standards as required by Section 27-6-90.E.1 of the Weld County Code for review and approval. Q. Easements shall be shown on the final plat in accordance with Section 24-7-60 of the Weld County Code and Utility Board recommendations. R. The applicant shall submit three (3) copies of the Bylaws and Articles of Incorporation for the Homeowners' Association for review and approval. S. The applicant shall submit written evidence to the Department of Planning Services outlining the steps taken to address the concerns and requirements of the Colorado Division of Wildlife, as stated in its referral received March 19, 2004. T. Should the applicant not have an agreement with the mineral interests associated with this property, the applicant shall delineate all applicable drilling envelopes, per State Stature, on all sheets associated with this application. U. 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). 4. Prior to the release of any Building Permits: A. Stop signs and street name signs will be required at all intersections. 2004-1668 PL1726 CHANGE OF ZONE #1032 FROM A (AGRICULTURAL) TO PUD - UIV LAND, LLC, C/O NOLAN ULMER PAGE 14 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 11th day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W CO NTY, COLORADO ATTEST: fialLif & NO Robert D. Masden, Chair Weld County Clerk to the Board William H. erke, Pro-Tern lterk to the Boar• M. 'le 286! ' .. TO Davi . Long t orne Glenn Vaad Date of signature: 11.Oy'27 2004-1668 PL1726 Hello