HomeMy WebLinkAbout20041009.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Clifford Clift Case Number PZ-1020
Change of Zone: Appaloosa Acres Estates
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
Letter from S. Lockman to recuse from participation dated 10-24-2003 X
Affadavit of sign posting 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 12-11-2003 X
Town of Eaton, referral received 12-16-2003 X
Colorado Division of Wildlife, referral received 1-8-2004 X
Referrals with comments
5 Weld County Department of Public Works, referral received 12-30-2003 X
6 Weld County Department of Building Inspection, referral received 12-24-2003 X
7 State of Colorado, Division of Water Resources, referral received 12-29-2003 X
8 West Greeley Soil Conservation, referral received 1-6-2004 X
9 Weld County Sheriff's Office, referral received 1-8-2004 X
10 Weld School District RE-2, referral received 1-8-2004 X
11 Weld County Department of Public Health & Environment, referral received 1-14- X
2004
Surrounding Property Owners
12 Letter from Dan &Teri Foster, received 1-5-2004 X
13 Letter from Mike & Karon Long, received 1-13-2004 X
14 Letter from Thelma Johnson, J. Quarter Circle Company, received 1-13-2004 X Asn.\
PC Exhibits
15 Letter from Kirk&Jacqueline Korth, received 1-27-2004 X se
16 Letter from Mark& Bridgette Muse, received 1-27-2004 X I
17 Letter from Diane and Robert Druitt, received 2-2-2004 X
18 Letter from Joanne Gilbaugh, received 2-3-2004 X �'
2004-1009
19 Letter from Timothy and Charlene Swain, received 2-3-2004 X
20 Affidavit of Sign Posting X
21 Petitions Opposing the Development of Appaloosa Acres Estates X
22 John Barry of Witwer, Oldenburg, Barry& Bedingfield, LLP Letter dated 1-23-2004 X
23 Weld County Department of Building Inspection (Addressing), referral received 2- X
5-2004
24
25
26
27
I hereby certify that the 23 items identified herein were submitted to the Department of Planning Services at or prior to the
, scheduled Planning Commissioners hearing.
4
Kim Ogle tit PI- ier
LAND USE APPLICATION
SUMMARY SHEET
lunge• PLANNED UNIT DEVELOPMENT APPALOO A AC ESAESTNGEATTES PUD OF ZONE OF ZONE
COLORADO
CASE
NUMBER: PZ-1020 HEARING DATE: February 3, 2004
PLANNER: Kim Ogle
APPLICANT: Clifford Clift
ADDRESS: 2001 Fern Avenue; Greeley CO 80631
REQUEST: Change of Zone from A (Agricultural) to PUD with Estate uses for twenty-two (22)
residential Lots and 32 acres of Common Open Space (Appaloosa Acres Estates)
LEGAL
DESCRIPTION: Lot 15C; Fourth Replat of Gilbaughs Appaloosa Acres;being in the W2 SW4 of Section 33,
T7N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to CR 74; east of CR 41.
ACRES: 60.5 +/- PARCEL NUMBER: 0709-33-001026
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Change of Zone Permit are listed in Section 27-6-120 of the Weld County Code.
The Department of Planning Services'staff has received responses from the following agencies:
• Weld County Department of Code Compliance, referral received 12-11-2003
Town of Eaton, referral received 12-16-2003
• Eaton Fire Protection District, referral received 12-17-2003
• Weld County Department of Building Inspection, referral received 12-24-2003
• State of Colorado, Division of Water Resources, referral received 12-29-2003
• Weld County Department of Public Works, referral received 12-30-2003
• West Greeley Soil Conservation, referral received 1-6-2004
• Weld School District RE-2, referral received 1-8-2004
• Colorado Division of Wildlife, referral received 1-8-2004
• Weld County Sheriff's Office, referral received 1-8-2004
• Weld County Department of Public Health & Environment, referral received 1-14-2004
• Weld County Department of Building Inspection (Addressing), referral received 2-5-2004
The Department of Planning Services' staff has not received responses from the following agencies:
• North Weld County Water District
Appaloosa Acres Estates PUD-P7- e 1
EXPIBIT
CHANGE OFC ZONE T ZONE
APPALOOSA ACRES ESTATES PUD
COLORADO
CASE HEARING DATE: February 3, 2004
NUMBER: PZ-1020
PLANNER: Kim Ogle
APPLICANT: Clifford Clift
ADDRESS: 2001 Fern Avenue; Greeley CO 80631
REQUEST: Change of Zone from A (Agricultural) to PUD with Estate uses for twenty-two (22)
residential Lots and 32 acres of Common Open Space (Appaloosa Acres Estates)
LEGAL
DESCRIPTION: Lot 15C; Fourth Replat of Gilbaughs Appaloosa Acres;being in the W2 SW4 of Section 33,
T7N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to CR 74; east of CR 41.
ACRES: 60.5 +/- PARCEL NUMBER: 0709-33-001026
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are not 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 inconsistent with Chapters 22,23, 24 and 27 of the
Weld County Code.
Section 22-2-110.8 UGB.Goal 2. Concentrate urban development in or adjacent to existing
municipalities,an approved intergovernmental agreement,the 1-25 Mixed Use Development
area,urban growth boundary areas,urban development nodes,or where urban infrastructure
is currently available or reasonably obtainable. The proposed location for this subdivision is
not located in any of the defined urban areas, and the site is unable to be served by urban
infrastructure such as municipal sanitary sewer.
Section 22-2-90.B. An important factor of urban development is the efficient use of land as
a resource. Since the density of urban development accommodates more density on each
acre, the amount of land relative to the number of people who live on or use the land is an
Appaloosa Acres Estates PUD- PZ-1020, page 2
efficient ratio. Locations where urban development can occur should be encouraged to
develop as urban. Jurisdictions that can accommodate urban development should employ
policies and regulations that facilitate urban development while managing the quality of this
development. The County has adopted policies and regulations that promote urban
development in the areas where it is appropriate resulting in the most efficient use of land
and infrastructure.
Section 22-2-190.C. R. Policy 3.1 states, "The County should encourage an efficient form
of urban residential development by directing urban residential growth to those areas where
urban services and infrastructure are currently available or reasonably obtainable". Locating
urban scale developments outside of urban growth boundary areas or Intergovernmental
Agreement areas is not considered efficient, nor is sanitary service available to serve the
proposed urban subdivision.
Section 22-2-210.C. PUD.Goal 3. states "Maintain land use regulations that allow County
officials to review development proposals which may combine Uses By Right in two (2) or
more zone districts, or which in some manner qualify as a Planned Unit Development
according to the definition set forth in Section 24-1-40 of this Code". The proposed number
of Lots,(22),exceeds the definition of non-urban scale development contained in Section 24-
1-40.
Section 22-2-190.8.3. 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. While there are subdivisions in the immediate vicinity,
of this proposal, these were either platted decades ago or were processed as nonurban
developments. To the west is Gilbaughs Appaloosa Acres, a subdivision with an average
lot size of 0.5 acres that was platted in 1973 with the Fourth Replat occurring in 2001. Total
lots created are 17 with one agricultural lot of 60.5 acres which was platted as open space
for Gilbaughs Appaloosa Acres. It is this Lot that is the location of the proposed development
(Appaloosa Acres Estates PUD); to the southeast is Avery Acres a 6 lot subdivision with lot
sizes averaging 2.5 acres, platted in 2000; to the southwest is Pinnacle Park subdivision, a
31-Lot development with an average lot size of 2.5 acres, platted in 1969. Also to the
southeast is Sonny View Estates, a 41 Lot subdivision with an average lot size of 1.2 acres,
platted in 1972.
Section 22-2-190.B.3.R. Policy 2.3 states, "New Residential development should
demonstrate compatibility with existing surrounding land-use...". The existing surrounding
land uses include predominantly agricultural uses and associated rural residential uses.
Urban scale development may conflict with these existing uses. As proposed the site will
conflict with existing and proposed uses.
Sections 23-1-90 & 24-1-40 both state Nonurban Scale Development: Developments
comprised of nine (9) or fewer residential lots, located in a nonurban area as defined in
Chapter 22 of this Code, not adjacent to other PUDs,subdivisions, municipal boundaries or
urban growth corridors. Nonurban Scale Development shall also include land used or
capable of being used for agricultural purposes and including development which combines
clustered residential uses and agricultural uses in a manner that the agricultural lands are
suitable for farming and ranching operations for the next forty(40)years. Nonurban Scale
Development on Public Water and septic systems may have a minimum lot size of one (1)
acre and an overall density of two and one-half (21/2) acres per septic system. Nonurban
Scale Development proposing individual, private wells and septic systems shall have a
minimum lot size of two and one-half(21/2) acres per lot. This definition does not affect or
Appaloosa Acres Estates PUD- PZ-1020, page 3
apply to those Coordinated Planning Agreements between the County and municipalities
which are in effect as of May 14, 2001.
Section 24-1-30 H. Promotes "...equitable handling of all subdivision plans by providing
uniform procedures and standards." The Board of County Commissioners in Ordinance
2002-1 dated March 15,2001 stated that non-urban scale development is nine lots or fewer.
The applicant is proposing urban scale development in a non-urban area.
Section 24-1-30.A;B;C;D;and E. Assisting orderly and integrated development. Promoting
the health,safety and general welfare of the residents of the County. Ensuring conformance
of land subdivision plans with the public improvement plans of the County and its various
municipalities.Ensuring coordination with public municipal improvement plans and programs.
Encouraging well-planned subdivisions by establishing adequate standards for design and
improvement. The Town of Eaton reviewed this application and stated that the request does
not conflict with their interests.
Section 27-2-40-Bulk Requirements- The applicant has chosen to adhere to all applicable
Estate Zone requirements, with the exception of a deviation of the minimum lot size in the
Estate Zone District for the twenty-two proposed residential lots, from a minimum of 2.50
acres to the proposed average lot size of 1.00 acres.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
Should the Planning Commission choose to approve the Change of Zone from A(Agricultural)to PUD with
Estate uses for twenty-two (22) residential Lots and 32 acres of Common Open Space, the following are
recommendations for conditions of approval:
1. The Change of Zone plat shall meet all requirements of Section 27-9-20 and shall be amended to
delineate the following:
A. "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)
B. Primary and secondary septic system envelopes shall be designated on the plat. Each
envelope must meet minimum current setbacks as specified in the Weld County Individual
Sewage Disposal System Regulations. (Department of Public Health and Environment)
C. The Landscape Plan and Maintenance Schedule as approved by the Department of Planning
Services. The Landscape Plan shall adhere to the requirements of Section 27-6-60 of the
Weld County Code. The Landscape Plan shall be delineated in a legible font for all call-outs
with the Plant Material List including Botanical Name,Common Name,Species as applicable,
Size of material and whether it is can or Balled & Burlap (B&B). (Department of Planning
Services)
D. The location of the bus pull-off/pull-out area and bus shelter as required by the Eaton School
District, RE-2 and the Weld County Sheriff's Office. (Department of Planning Services)
E. The location of the mail box facility as required by the local postal authority. (Department
of Planning Services)
F. The location of the subdivision sign. (Department of Planning Services)
Appaloosa Acres Estates PUD-PZ-1020, page 4
G. The Landscape Drawing shall be identify the irregular shaped circle located in the Northwest
corner of the property. Should this delineated element be inaccurate, this element shall be
removed from the drawing(s). (Department of Planning Services)
2. 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:
A. The PUD shall consist of twenty-two (22) residential Lots and 32 acres of Common Open
Space. The Change of Zone allows for Estate Zone District bulk requirements, except for
the minimum lot size, and development sign standards, 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.
(Department of Planning Services)
B. Water service shall be provided by the North Weld County Water District. (Department of
Public Health and Environment)
C. This subdivision 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. Septic systems shall be designed for site specific conditions including, but not
limited to, shallow groundwater, bedrock, gravel and/or clay. (Department of Public Health
and Environment)
D. Primary and secondary septic envelopes shall be placed on each lot. All septic system
envelopes must meet all setbacks, including the 100-foot setback to any irrigation ditch.
(Department of Public Health and Environment)
E. 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)
F. 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)
G. 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)
H. 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)
A Home Owner's Association (HOA) shall be established prior to the sale of any lot.
Membership in the HOA is mandatory for each parcel owner. The HOA is responsible for
Appaloosa Acres Estates PUD- PZ-1020, page 5
liability insurance, taxes and maintenance of open space, streets, private utilities and other
facilities. Open space restrictions are permanent. (Department of Planning Services)
J. The site shall maintain compliance at all times with the requirements of the Weld County
Department of Public Works, Weld County Department of Public Health and Environment,
and the Weld County Department of Planning Services. (Department of Planning Services)
K. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
L. Weld County's Right to Farm, as stated in Chapter 22 of the Weld County Code shall be
recognized at all times. (Department of Planning Services)
M. A separate building permit shall be obtained prior to the construction of any building. Permits
are required for any sign, bus shelter or access gate, if provided. (Department of Building
Inspection)
N. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two(2)complete sets of plans are required when applying
for a permit. (Department of Building Inspection)
O. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following codes have been adopted by Weld County: 1997
Uniform Building Code, 1998 International Mechanical Code, 1997 International Plumbing
Code, 1999 National Electrical Code and Chapter 29 of the Weld County Code.(Department
of Building Inspection)
P. Each building will require an engineered foundation based on a site-specific geo-technical
report or an "open hole" inspection conducted by a Colorado Registered Professional
Engineer. Engineered foundations shall be designed by a Professional Engineer registered
in the State of Colorado. (Department of Building Inspection)
Q. Building height shall be limited to the maximum height allowed by UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation
of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B
and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code. (Department of Building Inspection)
R. Building height shall be measured in accordance with the 1997 Uniform 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 to determine compliance with offset and setback requirements.
Offset and setbacks are measured from the farthest projection from the building. An ILC
(Improvement Lot Certificate)will be required for each building showing the building height
as measured according to Chapter 23 of the Weld County Code as well as offset and setback
distances to property lines. The ILC bearing the stamp of a Colorado registered engineer or
the certification of a Colorado registered surveyor,will be required prior to frame inspection.
(Department of Building Inspection)
S. Any signs located on the property shall require building permits and adhere to Section 27-6-
90 of the Weld County Code. (Department of Planning Services)
Appaloosa Acres Estates PUD- PZ-1020, page 6
T. The property owner shall be responsible for complying with all regulations and requirements
of Section 27 of the Weld County Code including the Performance Standards listed in Article
II and Article VIII. (Department of Planning Services)
U. 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)
V. Weld County Government Personnel 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)
W. The property owner shall be responsible for complying with all regulations and requirements
of Section 27 of the Weld County Code including the Performance Standards listed in Article
II and Article VIII. (Department of Planning Services)
X. 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 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)
4. Prior to recording the Change of Zone Plat:
A. The applicant will be required to submit a traffic impact study. The traffic impact study will
be used to determine the required improvements;especially the off-site improvements with
access from County Road 74. Improvements may include:engineering design,roadway and
grading plans along with construction details, pavement design, construction, appropriate
roadwaycross-section,acceleration lane(s),deceleration lane(s),turning movement lane(s),
striping,signing, intersection sight-distance,safety measures, rights-of-way, road widening,
shouldering, paving, and roadway construction materials. The applicant will be responsible
for all off-site improvements resulting from impact of the proposed development and
acceptance of County standards. (Department of Public Works)
B. The County's maximum block length is 1,500-feet as permitted by County Code Sec. 24-7-
40-E. A cul-de-sac will be required as a safety turn-around adjacent to Lot 10 and Lot 11.
The Public Works Department has reviewed this roadway layout and finds it generally
acceptable. The applicant shall provide Public Works with written documentation verifying
that the roadway layout is acceptable to appropriate referral agencies, especially the fire
department of jurisdiction. (Department of Public Works)
C. The applicant shall address the comments listed above at the specific step of the review
process stated. The review process will continue only when all appropriate elements have
Jr
Appaloosa Acres Estates PUD-PZ-1020, page 7
been submitted. Issues of concern must be resolved with the Public Works Department prior
to recording the Change of Zone Plats.
D. The applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, .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)
5. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code and shall
specifically address the following:
A. In accordance with Section 27-6-20.B. - Because the proposed uses differ between the
Change of Zone and specific guide, additional review of the Final Plan by the Board of
County Commissioners is warranted at a public hearing. (Department of Planning Services)
B. The Final Plan application shall specify the Home Owner's Association method of trail,open
space and/or landscape maintenance in accordance with the approved Landscape Plan.
(Department of Planning Services)
C. The Covenants for Appaloosa Acres Estates PUD shall be approved by the Weld County
Attorney's Office prior to recording the final plat.At a minimum,the covenants shall address
the issue of placement of landscape materials and other encumbrances over primary or
secondary leachfields as outlined in the referral received from the Weld County Department
of Public Health and Environment. (Department of Planning Services)
D. Language for the preservation and/or protection of the absorption field envelopes shall be
placed in the development covenants. The covenants shall state that activities such as
permanent landscaping, structures, dirt mounds, animal husbandry activities, or other
activities that would interfere with the construction, maintenance, or function of the fields
should be restricted over the absorption field areas while in use. (Department of Public
Health and Environment)
6. Prior to submittal of the Final Plan plat:
A. 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)
B. The applicant shall provide written evidence from Weld County School District RE-2 (Eaton
School District) which indicates that all district requirements have been met. (Department
of Planning Services)
C. County Road 74 is a paved road. The applicant will be required to build any necessary
improvements to County Road 74 directly resulting from impacts of the proposed
development. The applicant shall submit an improvements agreement and any roadway
plans with the final plat materials. Additionally, the applicant may be asked to enter into an
agreement with the County to proportionately share costs of improvements to County Road
74 and County Road 41 as a result of increased traffic impacts. The costs will be based on
a proportion of the traffic generated by the development to existing traffic. A detailed traffic
Appaloosa Acres Estates PUD- PZ-1020, page 8
impact study will be reviewed. The applicant must submit any proposed off-site agreement
with the final plat application. This development will add approximately 211 daily vehicle trip
ends to the County roadway system. (Department of Planning Services)
D. The applicant shall submit covenants for Appaloosa Acres Estates PUD.The covenants shall
be approved by the Weld County Attorney's Office prior to recording the final plat.Covenants
shall address the issues of the Weld County Department of Public Health and Environment,
at a minimum. (Department of Planning Services)
E. The applicant shall submit paperwork addressing the creation of the HOA for Appaloosa
Acres Estates PUD. (Department of Planning Services)
F. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services, Department of Public Works)
G. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District,Ambulance Services and Sheriff's Department. (Department of
Planning Services)
H. The applicant shall provide for a bus stop/pick up area at the entrance to Appaloosa Acres
Estates PUD or provide written evidence from Weld County School District RE-2,the Weld
County Sheriff's Office and the Postal Service indicating that an alternative was preferred.
(Department of Planning Services)
I. The applicant shall provide a pavement design prepared by a professional engineer along
with the final plat submittal. (Department of Public Works)
J. Easements shall be shown on the final plat in accordance with County standards(Sec.24-7-
60)and/or Utility Board recommendations. "Easements shall follow rear and side lot lines
whenever practical and shall have a minimum total width of twenty (20) feet apportioned
equally on abutting properties. Where front line easements are required, a minimum of
fifteen (15) feet shall be allocated as a utility easement." The applicant shall show and
dimension 20-foot rear lot easements on the Final plat submittal. (Department of Public
Works)
K. Roadway and grading plans along with construction details will be required with the final plat
submittal. (Department of Public Works)
L. The applicant shall submit to Public Works stamped, signed and dated final plat drawings.
This is consistent with County Code:Sec.24-3-50,"The PUD subdivision final plat submitted
shall contain the original signatures and seals of all parties required". (Department of Public
Works)
M. Stop signs and street name sign locations must be shown on the final roadway construction
plans. (Department of Public Works)
N. The applicant shall submit an on-site Improvements Agreement According to Policy
Regarding Collateral For Improvements with the final plan application. These agreements
must be reviewed by Public Works and shall be approved by the BOCC prior to recording the
final plat. (Department of Public Works)
O. The applicant shall submit an Improvements Agreement According to Policy Regarding
Appaloosa Acres Estates PUD- PZ-1020, page 9
Collateral for Improvements(Private Road Maintenance)with the final plan application. This
agreement must be reviewed by Public Works and shall be approved by the BOCC prior to
recording the final plat. (Department of Public Works)
O. Adrainage report stamped,signed and dated by a professional engineer licensed in the State
of Colorado shall be submitted with the final plat 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)
P. 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)
Q. The applicant shall prepare a construction detail for typical lot grading with respect to
drainage for the final application. Front,rear and side slopes around building envelopes must
be addressed. In addition, drainage for rear and side lot line swales shall be considered.
Building envelopes must be planned to avoid storm water flows, while taking into account
adjacent drainage mitigation. (Department of Public Works)
R. Final drainage construction and erosion control plans (conforming to the drainage report)
stamped,signed and dated bya professional engineer licensed in the State of Colorado shall
be submitted with the final plan application. (Department of Public Works)
r
7. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at the appropriate location
adjacent to the entrance of the subdivision. (Department of Building Inspection)
B. A geologic study, drainage study and soils report shall be supplied to Weld County
Building Inspections with blueprints when applying for building permits. (Department of
Building Inspection)
C. 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. (Department of Building Inspection)
D. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 1997 Uniform Building Code, 1998
International Mechanical Code, 1997 International Plumbing Code,2002 National Electrical
Code and Chapter 29 of the Weld County Code. Weld County intends to adopt the 2003
International Building, Residential, Mechanical, Plumbing and Fuel Gas Codes on March 1,
2004. (Department of Building Inspection)
E. 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. (Department
of Building Inspection)
F. Building height, protection of walls and openings and separation of buildings of mixed
Appaloosa Acres Estates PUD- PZ-1020, page 10
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by the Weld County Code, Chapter 23.. (Department of
Building Inspection)
G. Building height shall be measured in accordance with the 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.
(Department of Building Inspection)
Appaloosa Acres Estates PUD- PZ-1020, page 11
DEPARTMENT OF PLANNING
SERVICES
1555 N. 17'h AVENUE
GREELEY, COLORADO 80631
O WEBSITE: www.co.weld.co.us
E-mail address: kogle@CO.WeId.CO.US
PHONE (970)353-6100, EXT. 3540
COLORADO FAX (970)304-6498
October 24, 2003
Commissioner Dave Long, Chairman
Weld County Board of County Commissioners
915 10th Street
Greeley CO 80631
Michael Miller, Chairman
Weld County Planning Commission
1555 North 17th Avenue
Greeley, CO 80631
Kim Ogle, Planning Manager
Department of Planning Services
1555 North 17h Avenue
• Greeley, CO 80631
Dear Chairman Long and Miller, Mr. Ogle:
By this letter, I am recusing myself from participation in the handling of applications in land use
case numbers PK-1020, PZ-1020 and PF-1020. My recusal will include refraining to participate
in any discussions with other Department of Planning Services' staff members, consultants and
associated referral agencies regarding the cases. The applications have been submitted by
Bruce Johnson and Clifford Clift.
I am submitting this letter of recusal at this early date in order to inform supporters and
opponents that while these cases are being processed by the Department of Planning Services
and considered by the Weld County Planning Commission and Board of County
Commissioners, I will not be privy to case specific information, other than that which is normally
open to the public.
I own property which is located nearby the subject properties of these cases. I may ask to
testify as a member of the public at hearings before the Planning Commission and/or the Board
of County Commissioners when these cases are considered.
Sincerely,
i(Orthif
Sheryl Lockman
Weld County Planner
File: PK-1020,PZ-1020 and PF-1020
a
OF
PHONE (970)353-6100,N SEXT.540
FAX (970)304-6498
' 1555 N. 17TH AVENUE
WI l D Ci GREELEY, COLORADO 80631
COLORADO
December 8, 2003
Clifford Clift
2001 Fern Avenue
Greeley CO 80631
Subject: PZ-1020-Request for a Change of Zone from Agricultural to PUD;Estate for a 22 lot residential development
outside of an IGA and UGB;east of the Town of Eaton on a parcel of land described as Lot 15C; Fourth
Replat of Gilbaughs Appaloosa Acres; being in the W2 SW4 of Section 33, T7N, R65W of the 6th P.M.,
Weld County, Colorado.
Dear Applicant:
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 February 3,2004,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 Eaton Planning Commission for their review and comments. Please
call Eaton at(970)454-3338 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 Eaton 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,
Kim Ogle,
Planner
Pilir I LI
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` t Wi1Dc NOTICE W({ c
L111:/.: • ' 1 if A PUBLIC HEARING CONCERNING
{(a ry L:µ , ." 1= THIS PROPERTY WILL BE HELD AT: . p
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FIELD CHECK inspection date: January 16, 2004
CASE NUMBER: PZ-1020
APPLICANT: Clifford Clift
LEGAL DESCRIPTION: Lot 15C; Fourth Replat of Gilbaughs Appaloosa Acres; being in the W2 SW4
of Section 33, T7N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to CR 74; east of CR 41.
Zonina Land Use
N A(Agricultural) N Agricultural / Residential
E A(Agricultural) E Agricultural
S A(Agricultural) S Agricultural
W A(Agricultural) W Agricultural / Residential
COMMENTS:
This site is immediately adjacent to Gilbaugh's Appaloosa Acres PUD, a subdivision
that has gone through 4-replats. Houses are single family detached, with garages on
lots sited parallel to CR 41. Access is off of CR 41 on a privately maintained road.
Many property owners have livestock, predominately horses. Visual inspection
identified numerous equestrian facilities, including a horse boarding facility adjacent to
CR 74.
CR 74 is a two lane heavily traveled paved road with deep borrow ditches each side.
Overhead electrical and telephone lines on wood poles are located on the north side of
road.
Good visibility in east/west direction as road in this stretch is flat, although the posted
speed is at least 55 mph.
Predominate land use is agricultural in the immediate vicinity. Aside from Gilbaugh's
PUD, there is very little development in the immediate area.
The ground under review for this proposed subdivision is in pasture grass with no
unique features. There is a slight slope, north to south of the land.
(1y'�rI/mWi
,r. " "Kim gle Planner
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