HomeMy WebLinkAbout20031850.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Todd Muckier, Debra Eberl & Eli Case Number PZ-594
Krebs
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Letter from Thomas Honn dated June 14,2003
Letter from Thomas Honn dated June 7,2003
Request for continuance
Department of Planning Services Field Check Form
Letter to Applicant
Affadavit of sign posting
Legal Notifications
2 Application X
Maps
Surrounding Property/Mineral Owners
Deed
Utilities
3 Referral List X
Referrals without comment
Larimer County Planning, referral received 4/11/2003
Johnstown Fire Protection District, referral received 3/31/2003
Town of Milliken, referral received 4/1/2003
4 Referrals with comments X
Weld County Department of Public Works, referral received 5/1/2003
Weld County Building Inspection, referrals received 4/28/2003
Weld County School District RE-5J, referral received 4/17/2003
City of Greeley, referral received 4/17/2003
Department of the Army, Corps of Engineers, referral received 4/3/2003
Weld County Department of Planning Services, addressing referral received
5/19/2003
Weld County Department of Public Health & Environment, referral received
5/20/2003
5 Surrounding Property Owners-Letters
Letter from Sarah E.Troster dated May 15, 2003
EX//N�� IBIT
2003-1850 77
Letter from Black Stone Minerals Company, LP, dated May 29,2003
Letter from KP Kauffman, dated July 1,2003 X
Letter from Johnson and Aucoin P.C.,dated May 19,2003
6 PC Exhibits
Letter from Johnstown/Milliken School District X
7 Planning Commission Resolution
I hereby certify that the 6 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Board of County Commissioners hearing. J/ ta
Sheri Lockman •8 Planner II
LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
COLORADO
CASE NUMBER: PZ-594 HEARING DATE: July 1, 2003
PLANNER: S Lockman
APPLICANT: Todd Muckier, Debra Eberl & Eli Krebs
ADDRESS: 2216 24th Ave., Longmont, CO 80501
REQUEST: A Change of Zone from (A)Agricultural to PUD for seven (7) lots with (E) Estate Uses
and three (3) non-residential outlots with Agricultural Uses. (Lakota Lakes Ranch)
LEGAL DESCRIPTION: Lot A and B of RE-2695 being part W2 Section 29, T5N, R67W of the 6th P.M.,
Weld County, Colorado
LOCATION: South of and adjacent to County Road 54 and east of and adjacent to County Road 15
ACRES: 80 +/- PARCEL NUMBER: 0957 29 000055 and
0957 29 000056
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:
• Weld County Department of Public Works, referral received 5/1/2003
• Weld County Building Inspection, referrals received 4/28/2003
• Weld County School District RE-5J, referral received 4/17/2003
• Larimer County Planning, referral received 4/11/2003
• Johnstown Fire Protection District, referral received 3/31/2003
• City of Greeley, referral received 4/17/2003
• Town of Milliken, referral received 4/1/2003
• Department of the Army, Corps of Engineers, referral received 4/3/2003
• Weld County Department of Planning Services, addressing referral received 5/19/2003
• Weld County Department of Public Health & Environment, referral received 5/20/2003
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Johnstown
• Weld County Code Compliance
• Big Thompson Soil Conservation District
• Colorado Division of Wildlife
• Hill & Brush Ditch Company
• Union Pacific Railroad
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EXHIBIT
Lakota Lakes Ranch PUD 1
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I CHANGE OF ZONE
I ♦♦♦ I� T"* 1 ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: PZ-594 HEARING DATE: July 1, 2003
PLANNER: S Lockman
APPLICANT: Todd Muckier, Debra Eberl & Eli Krebs
ADDRESS: 2216 24th Ave., Longmont, CO 80501
REQUEST: A Change of Zone from (A)Agricultural to PUD for seven (7) lots with (E) Estate Uses
and three (3) non-residential outlots with Agricultural Uses. (Lakota Lakes Ranch)
LEGAL DESCRIPTION: Lot A and B of RE-2695 being part W2 Section 29, T5N, R67W of the 6th P.M.,
Weld County, Colorado
LOCATION: South of and adjacent to County Road 54 and east of and adjacent to County Road 15
ACRES: 80 +/- PARCEL NUMBER: 0957 29 000055 and
0957 29 000056
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 27-6-120.8.6.a The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed
Use Development) of the Weld County Code. The proposed site is not influenced by an Inter-
Governmental Agreement. However the site is within the three mile referral area for the City of
Greeley and the Towns of Johnstown and Milliken. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.B.1, P.Goal 2 "Require adequate facilities and services to assure the
health, safety and general welfare of the present and future residents of the County." The
proposed PUD will be serviced by Little Thompson Water District and Individual sewage
disposal systems will handle the effluent flow. In a referral dated May 20, 2003, Weld
County Department of Public Health and Environment has indicated that the application
has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service.
2) Section 22-5-50.A, O.Goal 1 "Promote the location of park, recreation and open space
areas in floodplain, seep areas, wetlands geological fault areas and nonproductive
agricultural areas."The subdivision includes a large flood plain area that the applicant has
located open space and pasture area within. A Floodplain Analysis Modeling Report was
Lakota Lakes Ranch PUD 2
completed to ensure that the residential portion of the subdivision will be outside of the
floodplain area.
B. Section 27-6-120.6.6-The uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Article It Chapter 27 of the
Weld County Code.
Section 27-2-20, Access standards — `All PUD developments will be served by an internally
paved road system according to County standards. An exception to paving may be granted by
the Director of Public Works for residential PUDs of nine (9) lots or less located in nonurban
areas as defined in Chapter 22 of the Weld County Code, when the PUD is not located within
close proximity to other PUDS, subdivisions and municipal boundaries, and when access to the
PUD is not from a public road which is paved or will be paved within a year of approval of the
PUD."Section 27-2-190 states"urban scale developments are developments exceeding nine(9)
lot and/or located in close proximity to existing PUDs,subdivisions,municipal boundries or urban
growth corridors and bundaries. All urban scale developments shall pave the internal road
systems of the development" The applicant is proposing a gravel interior road, however, the
development is directly adjacent to Challenger Ranch and is therefore considered urban scale
development. In a referral dated April 28,2003 the Department of Public Works indicated that the
internal roadway right-of-way should be 60-feet in width including cul-de-sacs with a minimum 65-
foot radius,and dedicated to the public. The typical roadway cross-section should be two 12-foot
paved lanes with 4-foot gravel shoulders. The cul-de-sac edge of pavement radius should be
50-feet minimum.
Section 27-2-40, Bulk requirements—The application indicated that the seven(7)residential lots
shall adhere to the bulk requirements of the E(Estate)Zone District except four(4)animal units
will be allowed per lot and Outlots B, C and D shall adhere to the bulk requirements of the A
(Agricultural)Zone District except no residential structures shall be allowed.Further,the applicant
has requested that the setback of a two-hundred-feet radius from any tank battery be amended
for Lot 7 only to accommodate the existing home which is set one-hundred eighty-nine(189)feet
from a tank battery.
The applicant has met the remaining performance standards as delineated in Section 27-2-10.
The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-
20 through 27-2-210 of the Weld County Code.
C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning, and
with the future development as projected by Chapter 22 of the Weld County Code or master plans
of affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement. The site is within the
three mile referral area for the City of Greeley and the Towns of Johnstown and Milliken. In a
referral response dated April 1, 2003, the Town of Milliken indicated no conflicts with their
interests. The Town of Johnstown did not respond to the referral request. The City of Greeley
recommended that the change of zone be denied based on the lack of urban-level services,
inadequate setbacks from oil and gas facilities and the length and gravel surface of the access
road.
D. Section 27-6-120.6.d-That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article II the Weld
County Code. The applicant has purchased taps from Little Thompson Water District.
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.
Lakota Lakes Ranch PUD 3
In a referral dated April 28,2003 the Weld County Department of Public Works has not required
improvements for County Road 54.
F. Section 27-6-120.6.f-An off-site road improvements agreement and an on-site improvements
agreement proposal's 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.
Conditions of approval ensure that the applicant will complete 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 prior to recording the final plat.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts,commercial mineral
deposits, and soil conditions on the subject site.
At this time outlot C is being mined. Mining must be completed prior to submitting the final plan
application.
The applicant has submitted a Floodplain Analysis Modeling Report.The report,dated March 19,
2003,by Weiland, Inc.shows the Effective Floodplain Boundary makes no major changes to the
FEMA boundary with respect to the adjacent proposed building lots. However, the Department
of Public Works has requested that the finished floor(or top of foundation opening)elevation of
structures be placed a minimum of one-foot above the Regulatory Flood Datum.A condition has
been included to require home owners to obtain a Flood Hazard Development Permit to ensure
the safety of residents and structures.
The septic permit(SP-9900562/SP-0100409)for the proposed Lot 7 indicates clayey soils and
high groundwater exist on the site. In fact,the system approved under permit SP-0100409 is an
engineered septic system. The Weld County Department of Environmental Health and
Environment has indicated that it is likely that other system in the PUD will require engineered
systems. Comments from the Colorado Geological Survey during the sketch plan phase of this
application also support that information.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The submitted Specific Development Guide does accurately reflect the performance standards
and allowed uses described in the proposed zone district,as described previously. The applicant
is requesting that the Final Plan be administratively reviewed. The Department of Planning
Services is in agreement with this request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for seven (7)lots with Estate Zone Uses and three
(3) non-residential outlots with Agricultural Uses is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall contact the operator of the mining operation located on site to determine a
time line to complete removal of stockpiles on sie and reclamation of the site. (Department of
Planning Services)
Lakota Lakes Ranch PUD 4
2. Prior to recording the Change of Zone plat:
A. Lot 7 has been illegally subdivided from Lot B of Recorded Exemption 2695.The property owners
signature block on the change of zone plat shall include signatures from Lot 7 property owners
or a court ruling granting ownership of Lot 7 to the applicants.(Department of Planning Services)
B. A final drainage report stamped, signed and dated by a professional engineer licensed in the
State of Colorado shall be submitted to the Weld County Department of Public Works for review
and approval.Evidence of approval shall be submitted the Department of Planning Services.The
report shall include the following:
1) The Lakota Lakes Ranch Preliminary Drainage Report,dated March 19,2003,by Weiland,
Inc., in its initial form is acceptable. The report has not accounted for a large off-site area
north and east of the development. This area is north of County Road 54. It appears the
drainage report has assumed any and all drainage north of County Road 54 does not
impact the development. (Rainfall generating less than the 100-storm may possibly fill
fields and cross over roadways.) The applicant shall address the large off-site basin area
in the final drainage report. (Department of Public Works)
2) The report must address the Greeley and Loveland Canal and Great Western Railroad,
which lie to the north and east of the development. These features shall be included with
the off-site drainage basin discussion /analysis. (Department of Public Works)
3) The Summary of Peak Flows Table (Table 1) does not show a significant increase in the
100-year storm historic vs.developed flows. Public Works will not require the applicant to
detain flows resulting from this proposed development based on calculated flow rates and
proximity to the Big Thompson River. The report must address the rationale for the
proposed drainage swale at the back of the lots. (Department of Public Works)
4) The applicant shall address roadside drainage (Lakota Lakes Road) in the final drainage
report. (Department of Public Works)
5) Irrigation ditches must be included in the 100-year storm event. An assumption that a ditch
does not overtop (Hill and Brush Ditch)shall be supported by documented computations
and discussions. The engineer must consider the major storm event and the condition of
off-site flows both entering and leaving the development. No structure shall be inundated
during the major storm event. (Department of Public Works)
6) The final drainage report must include a discussion of the Floodplain Analysis Modeling
Report for Proposed Lakota Lakes Ranch Development, dated March 19, 2003, by
Weiland, Inc. (Department of Public Works)
C. The Floodplain Analysis Modeling Report for Proposed Lakota Lakes Ranch Development,dated
March 19,2003,by Weiland, Inc.is acceptable. The applicant shall re-evaluate the finished floor
elevation stated in the drainage report. The floodplain analysis report shows the Effective
Floodplain Boundary makes no major changes to the FEMA boundary with respect to the
adjacent proposed building lots. (Department of Public Works)
D. The floodplain analysis report details water surface elevations at river stations in Table 2. The
applicant shall address the different water surface elevations with respect to the various lots in
the development, and the proposed finished floor elevations (or top of foundation opening).
(Department of Public Works)
E. Building Permit BC-9901051 was issued for the construction of a single family residence at 7288
CR 54. The permit received final approval for all inspection items except final electrical. A new
building permit must be obtained to perform the final electrical inspection. The Certificate of
Lakota Lakes Ranch PUD 5
Occupancy for this residence will not be issued until the final plan has been recorded thereby
correcting the illegal subdivision. (Department of Building Inspection)
F. The applicant shall attempt to address the requirements (concerns) of the City of Greeley , as
stated in the referral response dated April 15, 2003. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.(Department of Planning Services)
G. The applicant shall attempt to address the requirements (concerns)of the Hill and Brush Ditch
Company, as stated in a letter dated February 26,2003. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.(Department of Planning Services)
H. The plat shall be amended as follows:
1) CR 15 does not exist adjacent to the west boundary of the proposed development. The
applicant shall verify the right-of-way. All documents creating the right-of-way shall be
noted on the change of zone plat. If the right-of-way cannot be verified, a 30-foot
right-of-way will be dedicated on the final plat. (Department of Public Works)
2) CR 54 is classified by the County as a collector road and requires an 80-foot right-of-way.
The applicant shall verify the existing right-of-way. The documents creating the
right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be
verified, a 40-foot right-of-way will be dedicated on the final plat. CR 54 is paved.
(Department of Public Works)
3) County Code requires that PUD developments pave internal roadways. This development
accesses a paved County road. (Department of Public Works)
4) The internal roadway shall be of curvilinear design, and not oblique segments. The
right-of-way shall parallel the roadway. (Department of Public Works)
5) The applicant shall show a curve table including data, especially to describe the internal
roadway alignment. (Department of Public Works)
6) The internal roadway right-of-way shall be 60-feet in width including cul-de-sacs with a
minimum 65-foot radius, and dedicated to the public. The typical roadway cross-section
should be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change
of zone plat. The cul-de-sac edge of pavement radius shall be 50-feet minimum. Stop
signs and street name signs will be required at all intersections. (Department of Public
Works)
7) The Hill and Brush Ditch shall be shown and labeled. (Department of Public Works)
8) Building envelops shall be indicated at the front of the lots (close to Lakota Lakes Road),
due to the flood hazard concern. (Department of Public Works)
9) The applicant shall designate two(2)septic system envelopes per residential lot.Evidence
of Department of Public Health and Environment approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
10) The applicant has indicated that a bus/mail pull off will be at the entrance of the
subdivision. The plat shall indicate location. (Department of Planning Services)
I. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
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Lakota Lakes Ranch PUD 6
3. 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 site specific development plan is for a Change of Zone from A(Agricultural)to PUD for seven
(7) residential lots and three(3) non-residential outlots as indicated in the application materials
on file in the Department of Planning Services. Lot 1 through 7 will adhere to the uses allowed
in the E(Estate)Zone District except four(4)animal units will be allowed per lot.Outlots B,C and
D will adhere to the uses allowed in the A(Agricultural) Zone District except for no residential
structures shall be allowed. Lot 7 shall have a setback of one-hundred eighty-nine feet from any
tank battery. The PUD will be subject to and governed by the Conditions of Approval stated
hereon and all applicable Weld County Regulations. (Department of Planning Services)
B. All landscaping within the triangles must be less than 3%feet in height at maturity. (Department
of Public Works)
C. 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)
D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
E. Basements will not be permitted within any structure. (Department of Public Works)
F. All structures shall complete a Flood Hazard Development permit and meet all required criteria
as if they were in an area designated as 100 year floodplain. (Department of Public Works and
Planning Services)
G. Water service shall be obtained from the Little Thompson Water District. (Department of Public
Health and Environment)
H. 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. (Department
of Public Health and Environment)
I. 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)
J. 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)
K. 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)
L. 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
Lakota Lakes Ranch PUD 7
Environment. (Department of Public Health and Environment)
M. For the preservation and/or protection of the absorption field'areas'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)
N. Building permits shall be obtained prior to the construction of any building or structure.
(Department of Building Inspection)
O. 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)
P. 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. (Department of Building Inspection)
Q. 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)
R. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. (For residential
occupancies, walls shall be protected with one-hour fire resistive construction within three feet
of property lines and openings are not permitted within three feet of property lines) 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 the Zoning Ordinance.
(Department of Building Inspection)
S. 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 27 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)
T. A portion of the property is located west of the Big Thompson River.This portion of the property
must be accessed from Lakota Lakes Ranch unless permission is granted by the owners of the
property to be crossed for emergency or maintenance needs.(Department of Planning Services)
U. Potential Purchasers are hereby notified that confined animal feeding operations are located
directly northeast and northwest of the site adjacent to County Road 54. Further, % mile west
of County Road 15 on County Road 56 lies a confined animal feeding operation permitted by
SUP-154 for 2850 head of cattle. 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)
V. No residential building permits shall be issued for outlots. (Department of Planning Services)
W. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
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X. The property owner shall be responsible for compiling with the Performance Standards of
Lakota Lakes Ranch PUD 8
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
Y. Weld County 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)
Z. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning Services, and
adopted Weld County Code and Policies. (Department of Planning Services)
AA. 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)
AB. 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)
AC. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within thirty(30)days of approval by the Board of County Commissioners.With the Change of Zone plat
map, the applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats
are .shp (Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
5. At the time of Final Plan submission:
A. 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. (Departments of Planning Services and Public Works)
B. 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)
C. Easements shall be shown on the final plat in accordance with County standards and/or Utility
Board recommendations. (Department of Public Works)
D. Fire hydrants shall be shown on the final plat. (Department of Planning Services)
E. The applicant shall prepare a construction detail for typical lot grading with respect to drainage.
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
Lakota Lakes Ranch PUD 9
avoid storm water flows(especially from an overtopping ditch),while taking into account adjacent
drainage mitigation. (Department of Public Works)
F. The applicant should consider over-lot grading to improve the flooding safety factor for the
residential houses. (Department of Public Works)
G. Final drainage construction plans,conforming to the drainage report,shall be submitted with the
final plan application. (Department of Public Works)
H. The applicant shall submit covenants for review and approval. Finalized covenants and the
appropriate fee shall be submitted for recording with the final mylar plats. (Department of
Planning Services)
I. Language for the preservation and/or protection of the absorption field 'areas' 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)
J. All signs within the PUD shall comply with the approved sign standards. 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)
K. 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 Sheriff's Office, the Weld County
Ambulance Services Department and the Post Office for review and approval. Two sets of
addresses have been created by Planning Services. The second set shall only be valid if the
Board of County Commissioners accepts proposed changes to the County addressing ordinance.
(Department of Planning Services
L. Weld County School District RE-5J and the applicable Post Office shall be contacted regarding
the bus/mail pullout. The applicant shall provide to the Public Works Department and the
Department of Planning Services written documentation indicating the School Districts and Post
Offices design standards and delivery requirements have been met. (Departments of Planning
Services and Public Works)
M. The applicant shall provide a pavement design prepared by a professional engineer.(Department
of Public Works)
N. The applicant shall provide roadway and grading plans along with construction details.
(Department of Public Works)
O. 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)
P. The applicant shall submit to the Weld County Department of Planning Services a signed copy
of an agreement with the properties mineral owners which stipulates that oil and gas activities
have been adequately incorporated into the design of the site or submit evidence that mineral
owners concerns have been mitigated. (Department of Planning Services)
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Lakota Lakes Ranch PUD 10
6. Prior to recording the final plat:
A. The applicant shall submit evidence to the Department of Planning Services that the School
District has received a signed statement which states the applicants are willing to pay a cash in
lieu of land dedication fee of $750 per lot at the time of the issuance of residential building
permits. (Department of Planning Services)
B. The applicant shall submit a request to vacate that portion of Corrected Amended USR-672,for
gravel mining, which lies on the property. (Department of Planning Services)
C. The applicant shall enter into Improvements Agreements According to Policy Regarding
Collateral for Improvements. These agreements shall be approved by the Board of County
Commissioners. (Departments of Planning Services and Public Works)
D. 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). (Dept. of Planning Services)
Lakota Lakes Ranch PUD 11
June 14, 2003
Sheri Lockman, Planner II
Department of Planning Services
1555 N. 17th Ave.
Greeley, CO 80631
Subject: City of Greeley Referral Comments
Dear Sheri:
I have contacted the City of Greeley Planning Department to discuss the referral
comments regarding the Lakota Lakes proposal. It is my belief that the view of the
Greeley Planning Department is narrow and does not account for any flexibility of
interpretation or account for actual conditions, unique circumstances or changing
conditions in the area of the proposal. The policy appears based on where a property is
drawn on a map and if it is not being annexed into Greeley or served by their services it is
always a conflict.
As addressed in the submittal for the change of zone, the proposal does fit the Weld
County policies and is therefore appropriate for the development as proposed.
Please advise me of any additional information you may need.
Sincerely,
Thomas E. Horn, AICP
Applicant's Representative
Cc: Todd Muckler and Debra Eberl
Email copy to Sheri Lockman
enclosures
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June 7, 2003
Sheri Lockman, Planner II
Department of Planning Services
1555 N. 17th Ave.
Greeley, CO 80631
Subject: Setback for the existing home situated on the proposed Lot 7 of Lakota Lakes
Ranch PUD
Dear Sheri:
This is letter is to request a specific setback for the existing home located on proposed
Lot 7, Lakota Lakes Ranch PUD. The PUD Change of Zone Map specifies a 200-foot
setback from the adjacent oil storage tank battery. The existing house has been measured
by Mr. Eli Krebs, one of the property owners, at 189 feet from the tank battery.
Therefore, we are requesting that the existing house be specified to have a 189-foot
setback. All future buildings will be as specified on the PUD.
Please advise me of any additional information you may need.
Sincerely,
Thomas E. Horan, AICP
Applicant's Representative
Cc: Todd Muckier and Debra Eberl
Email copy to Sheri Lockman
enclosures
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/Att' MEMORANDUM
PeTO: Weld County Planning Commission
COLORADO DATE: May 27, 2003
4e—
FROM: Sheri Lockman, Planner II
SUBJECT: PZ-594, a Change of Zone from (A)Agricultural to PUD for seven
(7) lots with (E) Estate Uses and three (3) non-residential outlots
with Agricultural Uses
The Department of Planning Services is requesting a continuance of PZ-594 to July 1, 2003.
The notice was not published in the South Weld Sun as required by the Weld County Code.
kite
W I DEPARTMENT OF PLANNING SERVICESPHONE (970)353-6100, EXT.3540
pc FAX (970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
March 26,2003
Todd Muckier, Debra Eberl& Eli Krebs
2216 24th Avenue
Longmont, CO 80501
Subject: PZ-594- Request for a Change of Zone from(A)Agricultural to PUD for seven(7)lots with(E)Estate Uses
and one (1)non-residential lot with Agricultural uses on a parcel of land described as Lot A and B of RE-
2695; being part W2 Section 29, 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 June 3, 2003, 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,Johnstown and Milliken Planning Commission for their review
and comments. Please call Greeley at(970)350-9780, Johnstown at(970)587-4664 and Milliken at (970)587-4331
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, Johnstown and Milliken 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.
espectfully,
en ck an
Plann r •
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r- PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: !.,-I f, /to ,20 03 . THE SIGN SHALL BE
POSTED ADJACENT TO AN VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR ASPECIAL REVIEW OR CHANGE OF ZONE IS NOT
ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING
SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST
A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR
CASE P2 -5qy . THE SIGN WAS POSTED BY:
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NAME OF PERSON POSTING SIGN,f' (%�arkfrk.Q.17\
SIGNATURCFOR PERSON POSTING SIGN
STATE OF COLORADO )
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COUNTY OF WELD )
SUBSCRIB • ORN TO ME THIS a DAY OF 91411/ , 20 C3
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Fez:.
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ZULiIYMY
M� r', , . NOTARY PUBLIC
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THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
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FIELD CHECK inspection date:5/19/2003
CASE NUMBER: PZ-594
APPLICANT: Todd Muckier, Debra Eberl & Eli Krebs
LEGAL DESCRIPTION: Lot A and B of RE-2695 being part W2 Section 29, T5N, R67W of
the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to County Road 54 and 0.5 miles east of County Road
15
Zoning Land Use
N A (Agricultural) N Agricultural Feedlot/ Residential
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural / Residential subdivision
W A (Agricultural) W Agricultural
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COMMENTS: The site is currently planted in alfalfa with one home
existing. Two barns are currently being constructed. The
road is constructed in gravel with water lines in place.
The gravel mining is in process. Does not appear that
reclamation has begun. Oil and gas structures adjacent to
the existing home have been surrounded by a 3 foot high
wire fence. Access from the county road seems to come
in on both sides of an existing mailbox. I could not see a
bus pull off. A small pile of building materials and a truck
trailer are being stored on the site.
A /G'( ul h
Sheri Lockman , Planner II
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