HomeMy WebLinkAbout20041670.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Nolan Ulmer Case Number PZ-1032
Change of Zone: Stillwater Acres PUD
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Affadavit of sign posting (Su_ tro tb;t ILO X
Legal Notifications X
2 Application X
Maps X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
4 Referrals without comment
Weld County Department of Code Compliance, referral received 2-10-2004 X
Johnstown-Milliken School District, Re-5J, referral received 2-20-2004 X
Larimer County Planning, referral received 3-1-2004 X
Referrals with comments
5 Town of Johnstown, referral received 1-7-2004 X
` 6 Kerr McGee/Rocky Mountain Corporation, referral received 1-14-2004 X
' 7 City of Greeley, referral received 2-20-2004 X
' 8 Weld County Department of Public Works, referral received 2-25-2005 X
• 9 Office of the State Engineer, Division of Water Resources, referral received 3-1- X
2004
• 10 Weld County Department of Public Health and Environment, referral received 3-5- X
2004
11 Weld County Department of Building Inspection, referral received 3-8-2004 X
12 State of Colorado Division of Wildlife, referral received 3-19-2004 X
Surrounding Property Owners
PC Exhibits
13 Facsimile of Letter from Wildland Consultants, Inc. dated March 2004 X
14 Photograph and Affidavit of Sign Posting dated March 19, 2004 X
15 Additions to Staff Comments Memorandum dated April 6, 2004 X
16
17
18 2004-1670
� ` .
19
20
21
22
23
24
25
26
27
•
I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
/�Kim Ogle anner
(411q41,' LANDAPPLICATION
SUMMARY SHEET
Willie STILLWATER ACRES
PLANNED
D UNIT DEVELOPMENT
CHANGE O ONE
COLORADO
CASE
NUMBER: PZ-1032
PLANNER: Kim Ogle
APPLICANT: UIV Land LLC, do Nolan Ulmer
ADDRESS: 16529 County Road 70
Greeley, CO 80631
REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for nine(9)residential
Lots, two (2) Lots with Agricultural Zone Uses along with 13.6 acres of Common
Open Space (Stillwater Acres PUD)
LEGAL: Amended Lot B of AmRE-3340; part NW4 Section 20 and part SW4 Section 17,
T5N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 15 and '/] mile North of CR 54
ACRES: 148.11 +/-
PARCEL#: 0957 20 200035 and 0957 17 300019
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld
County Code as follows
The Department of Planning Services'staff has received responses from the following agencies:
• Town of Johnstown, referral received 1-7-2004
• Kerr McGee/ Rocky Mountain Corporation, referral received 1-14-2004
• Weld County Department of Zoning Compliance, referral received 2-10-2004
• Johnstown-Milliken School District, Re-5J; referral received 2-20-2004
• City of Greeley, referral received 2-20-2004
• Weld County Department of Public Works, referral received 2-25-2004
• Larimer County Planning, referral received 3-1-2004
• Office of the State Engineer, Division of Water Resources, referral received 3-1-2004
• Weld County Department of Public Health and Environment, referral received 3-5-2004
• Weld County Department of Building Inspection, referral received 3-8-2004
/ea- • State of Colorado Division of Wildlife, referral received 3-19-2004
(4. EXHIBIT
PZ-1032,Stillwater Acres COZ,page 1
The Department of Planning Services'staff has not received responses from the following agencies:
Little Thompson Water District
Johnstown Fire Protection District
• Colorado Geological Survey
Weld County Sheriffs Office
• Farmers Irrigation Ditch Company
• Big Thompson Soil Conservation District
Greeley & Loveland Canal
Weld County Department of Building Inspection (Addressing)
PZ-1032,Stillwater Acres COZ,page 2
CHANGE OF ZONE
whitADMINISTRATIVE RECOMMENDATION
COLORADO
CASE HEARING DATE: April 6, 2004
NUMBER: PZ-1032
PLANNER: Kim Ogle
APPLICANT: UIV Land LLC, c/o Nolan Ulmer
ADDRESS: 16529 County Road 70
Greeley, CO 80631
REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for nine(9)residential
Lots, two (2) Lots with Agricultural Zone uses along with 13.63 acres of Common
Open Space (Stillwater Acres PUD)
LEGAL: Amended Lot B of AmRE-3340; part NW4 Section 20 and part SW4 Section 17,
T5N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 15 and 'A mile North of CR 54
ACRES: 148.11 +/- PARCEL#: 0957 20 200035
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), Chapter22(Comprehensive Plan), Chapter 23(Zoning), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of this Code. The
proposed site is not influenced by an Inter-Governmental Agreement. The proposal
is consistent with the aforementioned documents as follows:
1) Section 22-2-60.A, A.Goal 1 --"Conserve agricultural land for agricultural
purposes which foster the economic health and continuance of agriculture.."
Chapter 22,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
PZ-1032,Stillwater Acres COZ,page 3
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-- "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.
Section 27-2-140 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 8 A and Lot 9 A)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 -- "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. The addition of nine(9)PUD Estate zoned residential lots
will have minimal impact on the local service providers.
4) Section 22-2-110.C., UGB.Goal 3—"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 that they find no conflict with their interests.
5) Section 22-2-190.6.3, R.Policy 2.3--"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 subdivision 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 CR 15 and the Greeley and
Loveland Canal. The Department of Planning Services will require Weld
County's Right to Farm statement as stated in Appendix 22-E of the Weld
County Code 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.Policy4.2— "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...." This proposal
includes approximately thirty-three 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.
PZ-1032,Stillwater Acres COZ,page 4
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.B., P.Goal 2--"Require adequate facilities and services to
assure the health, safety and general welfare of the present and future
residents of the County." The proposed PUD will be serviced with Little
Thompson Water District for potable and fire protection requirements.
I.S.D.S., septic systems will handle the effluent flow.
B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in
Article II, Chapter 27 of this Code, with one exception, the minimum residential
structure size is 2000 SF and maximum residential structure size is 4800 SF. Aside
from this 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 27-6-120.6.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 Chapter22 of this
Code or master plans of affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement. The City
of Greeley stated that the proposal is inside of the City of Greeley Long Range
Expected Growth Area, yet outside of the City of Greeley's Urban Growth Area as
stated in a letter dated February 20, 2004. The City recommended denial of the
proposal as 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 that they find no conflict 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 of this Code.
Little Thompson Water District has indicated their ability and willingness to service
this application. The Office of the State Engineer, in their 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 served by Individual Sewage Disposal Systems (I.S.D.S.). Based on a
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 2 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 1 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
PZ-1032, Stillwater Acres CCZ,page 5
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.
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 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.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. Department of Public Works finds no
design geometry conflicts.
Further,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 CR 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.
County Road 56 right-of-way passes through this development along a section line,
but the roadway does not exist. 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. Public Works is in agreement with this
proposed vacation.
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.
Development Standards and Conditions of Approval ensure compliance with
Chapter 24,Article VII,and Sections 24-9-10 and 24-9-20 of the Weld County Code.
The Weld County Public Works Department and Department of Planning Services
shall require an Improvements Agreement in accordance with Section 27-6-120.6.f
of the Weld County Code for improvements to Stillwater Acres Drive and all on-site
improvements.
G. Section 27-6-120.6.g - That 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 their 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.
PZ-1032,Stillwater Acres COZ,page 6
The Weld County Department of Public Works stated that the submitted drainage
plan, dated October 2003, 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 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 27-6-120.6.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' staff concurs with this request.
This Approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A) Agricultural uses to PUD with Estate uses for nine (9)
residential Lots,two(2)Lots with Agricultural Zone uses is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
The applicant shall submitted written evidence to the Department of Planning Services from
the US Fish and Wildlife Service regarding the determination of the presence or absence of
all federally listed or endangered species,i.e.,the Preble's meadow jumping mouse,the Ute
Ladies'-tresses orchid and the Colorado butterfly plant. Should it be determined that a study
should be undertaken, written evidence so stating shall be submitted to this office.
(Department of Planning Services)
2. 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.
(Department of Planning Services)
3. Prior to recording the Change of Zone plat:
A. Amended Recorded Exemption 3310, (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. (Department of Planning
Services)
2) The Change of Zone plat sheets shall be renumbered in successive order
with sheet total given. (Department of Planning Services)
PZ-1032,Stillwater Acres COZ,page 7
3) The Change of Zone plat shall meet all requirements of Section 27-9-20 of
the Weld County Code. (Department of Planning Services)
4) The cul-de-sac edge of pavement radius must be shown as 50-feet
minimum. (Department of Public Works)
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. (Department of Public
Health and Environment)
6) The Drill Envelopes for future oil and gas drilling shall be delineated on all
sheets of this Change of Zone application. (Department of Public Works)
C. The applicant shall submit a proposed estimate for time of construction of the PUD.
(Department of Planning Services)
D. The applicant shall submit additional information,as required,for the drainage report,
signed by a Colorado licensed engineer, to the Department of Public Works for
approval. The applicant shall supply the Department of Planning Services with
written approval from the Department of Public Works. (Department of Planning
Services, Department of Public Works)
E. The applicant shall address the requirements of the Johnstown Fire Protection
District as stated in their Sketch Plan comments referral dated February 19, 2003.
The applicant shall supply the Department of Planning Services with written
acceptance from the Johnstown Fire Protection District. (Johnstown Fire Protection
District)
F. 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)
G. 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 site specific development plan is for a Change of Zone from A
(Agricultural)to PUD with Estate uses for nine (9) residential Lots, two (2)
Lots with Agricultural Zone Uses, (Lots 8 A and 9 A),except for the minimum
square footage for residential structures, as indicated in the application
materials on file in the Department of Planning Services and subject 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) Approval of this plan may create a vested property right pursuant to Article
VIII, Section 23-8-50 of the Weld County Code. (Department of Planning
Services)
3) Water service shall be obtained from the Little Thompson Water District.
(Department of Public Health and Environment)
PZ-1032,Stillwater Acres COZ,page 8
4) 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)
5) If required,the applicant shall obtain a storm water discharge permit from the
Water Quality 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)
6) During development of the site,all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions,at the request of the Weld County Health Department,a fugitive
dust control plan must be submitted. (Department of Public Health and
Environment)
7) In accordance with the Regulations of the Colorado Air Quality Control
Commission any development that disturbs more than 5 acres of land must
incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
(Department of Public Health and Environment)
8) If land development creates more than a 25-acre contiguous disturbance, or
exceeds 6 months in duration,the responsible party shall prepare a fugitive
dust control plan, submit an air pollution emissions notice, and apply for a
permit from the Colorado Department of Public Health and Environment.
(Department of Public Health and Environment)
9) The Reorganized Farmers Ditch Company 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.
(Reorganized Farmers Ditch Company)
10) 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.
(Reorganized Farmers Ditch Company)
11) The Reorganized Farmers Ditch Company has no plans to alter its
operation to correct the issue of subsurface waters that arise due to water
flowing within the ditch system. (Reorganized Farmers Ditch Company)
12) Property owners will be required to maintain the existing irrigation and
drainage patterns to maintain the quality of the water in the ditch.
(Reorganized Farmers Ditch Company)
13) Property owners shall acknowledge that no livestock watering, swimming,
tubing,canoeing or other use of the ditch is allowed. (Reorganized Farmers
Ditch Company)
14) 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 is
allowed. (Reorganized Farmers Ditch Company)
15) Property owners shall acknowledge that no pumps for lawn or other irrigation
is allowed from the ditch. (Reorganized Farmers Ditch Company)
16) Property owners shall acknowledge that no use of the ditch easement for
hiking,biking, horseback,motorcycle,off road vehicles or other motorized or
PZ-1032,Stillwater Acres COZ, page 9
non-motorized vehicle shall be allowed. (Reorganized Farmers Ditch
Company)
17) A Home Owner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance,taxes and maintenance of
open space, streets, private utilities and other facilities. Open space
restrictions are permanent. (Department of Planning Services)
18) Potential Purchasers are hereby notified that a confined animal feeding
operation for 2850 head is located directly west southwest of the intersection
of 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. (Department of
Planning Services)
19) Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code. (Department of Planning Services)
20) 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. (Department of Planning
Services and Building Inspection)
21) No development activity shall commence on the property, nor shall any
building permits be issued on the property until the final plan as been
approved and recorded. (Department of Planning Services)
22) 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. (Department of Building Inspection)
23) 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.
24) Buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently,the following has been adopted by
Weld County. 2003 International Residential Code; 2003 International
Mechanical Code;2003 International Plumbing Code;2002 National Electric
Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
25) 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. (Department of Building Inspection)
26) 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. (Department of Building Inspection)
27) 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 Chapter23 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
PZ-1032,Stillwater Acres COZ, page 10
plans shall be on the site and available to inspectors for each inspection.
(Department of Building Inspection)
28) 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. (Department of Building Inspection)
29) Complete drawings shall be submitted for review by the Johnstown Fire
Protection District. (Department of Building Inspection)
30) 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
Building Inspection Department or the Johnstown Fire Protection District
may reveal other building issues or areas needing attention. (Department
of Building Inspection)
31) Lot 4 and Lot 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 fora variance to the oil
and gas setbacks through the Board of Adjustment. (Department of Planning
Services)
32) The property owner shall be responsible for complying with the Performance
Standards of Chapter 27,Article II and Article VIII,of the Weld County Code.
(Department of Planning Services)
33) 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.
34) 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. (Department of
Planning Services)
35) The PUD Final Plan shall comply with all regulations and requirements of
Section 27 of the Weld County Code. (Department of Planning Services)
36) The site shall maintain compliance at all times with the requirements of the
Weld County Departments of Public Works, Public Health and the
Environment,Building Inspection and Planning Services,and adopted Weld
County Code and Policies. (Department of Planning Services)
4. At the time of Final Plan submission:
PZ-1032,Stillwater Acres COZ,page 11
A. The applicant shall provide a pavement design prepared by a professional engineer.
(Department of Public Works)
B. Roadway and grading plans along with construction details will be required.
(Department of Public Works)
C. Easements shall be shown on the final plat in accordance with County standards
and /or Utility Board recommendations. (Department of Public Works)
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. (Department of Public Works)
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. (Department of Public Works)
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.
(Department of Public Works)
G. Final drainage construction plans, conforming to the drainage report, shall be
submitted with the final plat application. (Department of Public Works)
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. (Department of Planning Services)
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.
(Departments of Public Works, Planning Services)
J. The applicant shall submit a request to the Department of Public Works requesting
a vacation of CR 56 right-of-way. A copy of this request shall be provided to the
Department of Planning Services. (Department of Public Works, Department of
Planning Services)
K. Service Provision Impacts for ambulance shall be addressed as required by Section
27-6-50.B.4 of the Weld County Code. (Department of Planning Services)
L. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100
(PUD) of the Weld County Code. (Department of Planning Services)
M. The applicant shall contact the Johnstown-Milliken School District, Re-5J,to finalize
a bus pick-up and drop-off location, including the bus shelter location.
(Department of Planning Services)
N. The applicant shall contact the postal authority for this area to finalize the location of
the mailbox pedestal location. (Department of Planning Services)
O. The applicant shall submit a time frame for construction in accordance to Section
27-2-200 of the Weld County Code. (Department of Planning Services)
P. 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
PZ-1032,Stillwater Acres COZ, page 12
County Sheriffs Office,the Weld County Ambulance Services Department and the
Post Office for review and approval. The final plat shall indicate an approved street
�—, name. (Department of Planning Services)
Q. The applicant shall submit a set of sign standards as required by Section 27-6-
90.E.1.of the Weld County Code for review and approval. (Department of Planning
Services, Sheriffs Office)
R. The applicant shall submit an on-site (Private) Improvements Agreement that
addresses all improvements associated with this development for review and
approval. (Departments of Planning Services and Public Works)
S. Easements shall be shown on the final plat in accordance with County standards
(Sec.24-7-60) and Utility Board recommendations. (Departments of Planning
Services and Public Works)
T. The applicant shall submit 3 copies of the Bylaws and Articles of Incorporation for
the Homeowners Association for review and approval. (Department of Planning
Services)
U. 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 their referral received March 19,2004. (Department
of Planning Services)
V. 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. (Department of Planning
Services)
W. 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)
4. Prior to the release of any building permits:
A. Stop signs and street name signs will be required at all intersections. (Department
of Public Works)
PZ-1032,Stillwater Acres COZ,page 13
DEPARTMENT OF PLANNING SERVICES
i- PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
ID1555 N. 17TH AVENUE
eGREELEY, COLORADO 80631
COLORADO
February 9, 2004
UIV Land LLC
c/o Nolan Ulmer
16529 CR 70
Greeley CO 80631
Subject: PZ-1032- Request for a Change of Zone from A (Agricultural) to PUD on a parcel of land described as
Amended Lot B of AmRE-3340;part NW4 Section 20 and part SW4 Section 17,T5N,R67W 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 April 6, 2004, at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, 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 Greeley and Johnstown Planning Commission for their review and
comments. Please call Greeley at (970) 350-9780 and Johnstown at(970) 587-4664 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
Greeley and Johnstown 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 ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Kim 9
.—. Planner
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FIELD CHECK inspection date: March 19, 20Q$-
CASE APPLICANT: Nolan Ulmer
NUMBER: PZ-1032 UIV Land LLC
REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for nine (9)residential Lots, two (2)
Lots with Agricultural Zone Uses along with 13.6 acres of Common Open Space (Stillwater Acres
PUD)
LEGAL: Amended Lot B of AmRE-3340; part NW4 Section 20 and part SW4 Section 17,T5N, R67W of the
6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 15 and 1/2 mile North of CR 54
ACRES: 148.11 +/-
Zoning Land Use
N A(Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential -
S A(Agricultural) S Agricultural/ Residential
W A(Agricultural) W Agricultural/ Residential
COMMENTS:
Two irrigation ditches and a drainage swale dominant the property. An irrigation ditch serves as the
Northern property line and a second ditch parallels first ditch. The drainage swale bisects the proposed
development and the property. There are oil and gas encumbrances on site. The land is presently vacant
and is described as Lot B of AmRE3301. Lot A has improvements on site and is not a part of this
proposal. The land slopes to the South. County Road 15 is adjacent to the west and is a two land paved
road. Two single track rails are also to the south, the Union Pacific and the Great Western Railroads.
The site is approximately one-half mile from the City of Greeley Corporate City Limits, two miles to the
Town of Milliken's Corporate City Limits, and over two miles to the Town of Windsor's Corporate City
Limits.
Two gravel mining concerns are south of County Road 54 approximately one mile away and the
Indianhead Subdivision is approximately one-half mile to the north from this proposed development.
Visual inspection determined that the is adequate infrastructure, power, telephone and roads in close
proximity to this proposed development.
(
Kim Og Planner
Sign Posted and Field Inspection completed March 19, 2004
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