HomeMy WebLinkAbout20032971.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Jon File/ Filly Ridge Case Number PZ-1027
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form
Letter to Applicant
Affadavit of sign posting
Legal Notifications
2 Application X
Maps
Deed/Easement Certificate
Surrounding Property/Mineral Owners
Utilities
3 Referral List X
Referrals without comment
Town of Frederick referral received 8/8/2003
City of Dacono referral received 7/25/2003
Colorado Geological Survey referral received 7/21/2003
Weld County Code Compliance referral received 7/21/2003
4 Referrals with comments X
Boulder/Weld Ditch Co. c/o Bernard Lyons Gaddis& Kahn referral received
9/3/2003
Division of Water Resources referral received 7/28/2003
Colorado Department of Transportation referral received 7/22/2003
Longmont Conservation District referral received 8/15/2003
Weld County Public Heatlh and Environment referral received 8/15/2003
St.Vrain School District referral received 8/8/2003
Mt. View Fire District referral received 8/6/2003
Weld County Building Department referral received 8/4/2003
Weld County Department of Public Works referral received 7/24/2003
Town of Erie referral received 7/23/2003
Left Hand Water District referral received 7/17/2003
Division of Minerals and Geology referral received 6/24/2003
EXHIBIT
2003-2971
Pa ,c2-7
5 Surrounding Property Owners X
6 PC Exhibits ` X
6,4 A-6-47r 1-TV1 F t �i r� 4 'ca CC p aun� kl
,3 f \ fi�� ilr l i v ' ^ fit'
7 Planning Commission Resolution
I hereby certify that the 7 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Board of County Commissioners hearing.
ANGE OF ZONE
FIC {LLY RIDGE PUD
COLORADO
CASE #: PZ-1027 HEARING DATE : September 16, 2003
APPLICANT: Jon File/ Filly Ridge PUD PLANNER: Monica Mika
ADDRESS: c/o LandPro, LLC, 4311 Hwy 66, Suite 4, Longmont, CO 80504
REQUEST: A Change of Zone from the A(Agricultural)Zone District to Planned Unit Development(PUD)
Zone District with E (Estate)Zone uses for Nine (9) Lots with 3.68+/-acres of Open Space
and Two (2)Agricultural Outlots.
LEGAL: Lot A of RE-3474;being part of the SW4 of Section 32,Township 2 North,Range 68 West of
the 6th Prime Meridian, Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 52; west of and adjacent to CR 3-1/4.
PARCEL#: 1313 32 300037 ACRES: 23.88 +/-
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 Public Works, referral received 7/24/03
• Weld County Department of Public Health & Environment, referral received 8/15/03
Weld County Department of Building Inspection, referral received 8/4/03
• Weld County Department of Code Compliance, referral received 7/21/03
• Weld School District RE-1J, referral received 8/8/03
• Mt.View Fire Protection District, referral received 8/6/03
▪ Colorado Division of Wildlife, referral received 8/26/03
• Colorado Geological Survey, referral received 7/21/03
• Left Hand Water District, referral received 7/16/03
• Longmont Soil Conservation, referral received 8/12/03
• Town of Erie, referral received 7/21/03
• Town of Frederick, referral received 8/10/03
• City of Dacono, referral received 7/25/03
• Division of Water Resources, referral received 7/28/03
• Colorado Department of Transportation, referral received 7/22/03
• Representative of Boulder and Weld County Ditch, referral received 9/03/03
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11 EXHIBIT
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COLORADO
CHANGE OF ZONE
FILLY RIDGE PUD
CASE #: PZ-1027 HEARING DATE : September 16, 2003
APPLICANT: Jon File/ Filly Ridge PUD PLANNER: Monica Mika
REQUEST: A Change of Zone from the A(Agricultural)Zone District to Planned Unit Development(PUD)
Zone District with E(Estate)Zone uses for Nine(9)Lots with 3.68+/-acres Open Space and
Two (2)Agricultural Outlots.
LEGAL: Lot A of RE-3474; being part of the SW4 of Section 32,Township 2 North,Range 68 West of
the 6th Prime Meridian, Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 52;west of and adjacent to CR 3-1/4.
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.B 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-B0.A. Conflicts exist particularly between residential development and existing
rural land use that can negatively impact the County. Tension is occurring not only from
restrictions on normal farming practices,but also from resistance to change and growth. It is
important that County representatives and officials recognize their role in reducing the
conflicts between development and rural uses. Consistent interpretation and administration
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of this Chapter and Chapters 19, 23, 24, 26 and 27 of this Code will help in the reduction of
conflict. Using these documents to make consistent land use decisions reinforces its
usefulness as an information and decision-making tool on land use decisions made by
private parties, as well as public officials. The Department of Planning Services staff has
consistently interpreted the intent of the Ordinance to state that a recorded exemption used in
conjunction with a subdivision of nine (9) lots, results urban scale land development.
The present property owner,Jon File doing,business as FarFrumWurkin, LLLP, purchased
the parcel from Ray L Nelson On August 19, 2002. Three months later, on November 15,
2002, the applicant applied for Recorded Exemption 3474. On November 18, 2002, the
applicant applied for PK-1027 for a nine lot subdivision. Recorded Exemption 3474 was
approved with the statement, "Any proposed subdivision adjacent to or contained within this
recorded exemption may be considered to be urban scale development. Urban scale
infrastructure may be required."On January 10,2003,the Sketch Plan comments were given
to the applicant with the statement, "the applicant conveyed within the past year, via
Recorded Exemption 3474, property for the creation of two parcels of land. With the
additional proposed nine lot subdivision south of and adjacent to the Recorded Exemption,
ten lots are created. Should the applicant elect to proceed with the application as submitted,
the Department of Planning Services will recommend denial of the application at the Change
of Zone."
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
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 should adopt 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 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 in conjunction with RE-3474 exceeds the definition of non-urban scale development
contained in Section 24-1-40.
Section 22-2-190.B.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. Carmacar Ranchettes, a 71 lot subdivision with an average lot size of 1.5
acres was platted in 1969, Park Land Estates a 38 lot subdivision comprised of various lots
sizes from 2.5 acres per lot and up,was platted in 1978. Immediately north of the proposed
site,Continental View Pond PUD was platted in 1994 with 5 nonurban lots of approximately
2.5 acres per lot. Reflection Bay PUD was platted in 2000 with 5 lots having an average lot
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size of 2 acres. Summit Peak Estates and Peaks at Mountain View both with average lots
sizes ranging from 5 to 18 acres were platted in 2002 and 1999. Currently, two additional
subdivisions are proposed in this area,neither of which has been approved at this time. One
ranges from 1.48 to 2.16 acre lots, and the other ranges from 2.21 to 5.40 acre lots, and
both are proposed with 9 lots with an agricultural outlot.
Section 22-1-50.D.3.f. Planned Unit Development: The PUD Section expresses the desire
of the County to evaluate development proposals in a process that encourages flexibility and
variety. The various land use categories and the associated rules and requirements of each
category will be used to evaluate any land development proposal; but the mechanism of the
PUD allows variations to the standards to be incorporated into development designs that will
improve the quality of the development. The PUD establishes a cooperative relationship
between landowner and the Department of Planning Services to facilitate collaboration,which
will result in better development in the County. This approach promotes quality, creativity
innovation and flexibility.
At the time of Sketch Plan,the overall lot size was 1.5 acres,and the amount of open space
was 8.26 acres or 34%. The present lot size has been decreased to 1.1 acres, with the
amount of open space also being decreased to 15.4%or 3.68 acres of the site. Additionally,
the Sketch Plan application calls out a park and pond for the enjoyment of the residents. The
pond has been relocated and resized, and the park has been eliminated. Lots have been
reconfigured, to create long access lanes and flag lots configurations. Based on these
changes, the Department of Planning Services is concerned with the lack of consistency
between the proposed used and specific guide as cited in Section 27-6-120.6.h.
Section 22-1-50.D.3.f.4.a. Maintaining the prominence of agriculture in the County. Section
22-1-50.D.3.f.4.b. Urbanization occurring in and around the cities and towns within the
County. The application suggests that it is maintaining the agricultural way of life by providing
for outlots comprised of 6.05 and 0.67 acres, that will be farmed in the future. The
Department of Planning Services staff does not find that either the 6.05 or 0.67 acre parcels
are viable farming units, nor is there any proposed public access to these lots. The possibility
of long term weed, pest and maintenance issues are highly likely. In total, the applicant is
proposing to sell forty five percent (45%) of the site to nine homeowners, dedicate fifteen
percent(15%)open space, utilize fifteen percent(15%)of the site for roadways, and retain
almost thirty percent(28.15%),for himself identified as non-accessible farming parcels. The
Department of Planning Services questions the design of a subdivision which leaves almost
one-third (1/3) of the site with non-accessible and very limited productive agricultural uses.
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. The adjoining parcel, presently owned by the
applicant is proposed for limited mining uses, and other adjoining parcels are also used for
agricultural uses. While the application proposes one horse per acre there are no provisions
in the application for equestrian uses. Generally, when equestrian uses are proposed in a
subdivision the site has been designed to allow for riding trails. Equestrian uses may conflict
with existing surrounding land uses.
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There are two substantial irrigation canals, Boulder and Weld Ditch Companies,and Lower
Boulder Reservoir Ditch Company,which influence this site. Neither company has signed an
agreement with the applicant for the proposed subdivision. The applicant was asked,at the
time of Sketch Plan review, to include a ditch agreement at the time of Change of Zone
submittal.
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 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 Erie reviewed this application and stated that compatibility with
their land use code results in one dwelling unit per five acres.
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 nine proposes residential lots,from a minimum of 2.5 acres to the
proposed average lot size of 1.05 acres. The applicant has chosen to adhere to all
Agricultural zoned used on the area identified as Outlot A and Lot B. The uses shall be
limited to farming only and neither lot is eligible for a building permit. Neither lot has been
granted an access permit for ingress or egress.
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 Zone uses for Nine (9) Residential Lots, with 3.68 +1- acres of open space and two (2) agricultural
outlots, the following are recommendations for conditions of approval:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submit a signed copy of an agreement with the Lower Boulder Reservoir
Ditch Company and the Boulder and Weld Ditch Company stipulating that the proposed
design of the site has addressed their current and future concerns.Written evidence shall be
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submitted to the Weld County Department of Planning Services for review and approval prior
to scheduling any Board hearing. (Department of Planning Services)
2. The Change of Zone plat shall meet all requirements of Section 27-9-20 and shall be amended to
delineate the following:
A. 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)
B. 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. (Department of Planning Services)
C. The location of the bus pull-off/ pull-out area as required by the St. Vrain School District.
(Department of Planning Services)
D. The location of the mail box facility as required by the local postal authority. (Department of
Planning Services)
E. Outlot A and Outlot B shall be labeled as non-buildable parcels. (Department of Planning
Services)
F. The right-of-way for the improvements to County Road 3 % as addressed in referral
comments from the Department of Public Works. (Department of Public Works)
G. The rights-of-way, easements and/ or reservation for the Lower Boulder Reservoir Ditch
Company and the Boulder and Weld Ditch Company improvements for conveyance of water.
(Department of Planning Services)
H. The plan shall delineate topographic contour line information, a readable and legible
hierarchy of lines to delineate ditches, utility easements and utility lines, lot easements; as
well as dimensioning throughout the drawing set. Further, the drawing shall place the
appropriate certificate blocks on the plat. (Department of Public Works)
The Filly Lane Typical Section shall be amended to show a 15-inch diameter culvert as per
County Code on the change of zone plat. (Department of Public Works)
J. The location of the subdivision sign. (Department of Planning Services)
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 PUD shall consist of nine (9) residential Estate lots, with 3.68+/-acres of open space,
and two agricultural outlots, The Change of Zone allows for Estate Zone District bulk
requirements, except for the minimum lot size, and uses on the residential lots, and
Agricultural Zone District bulk requirements for uses on the two outlots, 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 Left Hand Water District. (Department of Public
Health and Environment)
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re-
C. A Weld County septic permit is required for each proposed septic system, which shall be
installed in according to the Weld County individual sewage disposal system regulations.
Each septic system shall be designed for site-specific conditions,including, but not limited to:
maximum seasonal high groundwater, poor soils, and shallow bedrock. (Department of
Public Health and Environment)
D. Language for the preservation and/or protection of the second absorption field envelope shall
be placed on all recorded plats and in the development covenants. The covenants shall state
that activities such as permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the absorption field site. (Department of Public Health and
Environment)
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)
I. 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
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)
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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 27 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)
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 as 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.
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)
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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 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 Filly Ridge PUD shall be approved by the Weld County Attorney's Office
prior to recording the final plat.At a minimum,the covenants shall also address the fire flow
issue as outlined in the referral received from the Mountain View Fire Protection District.
Further,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 second absorption field envelope shall
be placed in the development covenants. The covenants shall state that activities such as
landscaping(i.e. planting of trees and shrubs)and construction (i.e.auxiliary structures,dirt
mounds,etc.) are expressly prohibited in the designated absorption field site.(Department of
Public Health and Environment)
E. A fifteen(15)foot perimeter and ten (10)foot lot line easement is required for utilities on each
lot. This shall be delineated on the final plat map. (Department of Planning Services)
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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-1J (St.
Vrain School District) which indicates that all district requirements have been met.
(Department of Planning Services)
C. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the PUD for acceptance by the Board of County Commissioners prior to
recording the final plat. (Department of Planning Services)
D. The applicant shall submit covenants for Filly Ridge 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 Mountain View Fire Protection District and the Weld County Department of
Public Health and Environment, at a minimum. (Department of Planning Services)
E. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services, Department of Public Works)
F. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District and Sheriff's Department. (Department of Planning Services)
G. The applicant shall provide for a bus stop/mail pick up area at the entrance to Filly Ridge
PUD or provide written evidence from Weld County School District RE-1J (St. Vrain School
district)and the Postal Service indicating that this alternative was preferred. (Department of
Planning Services)
H. The applicant shall submit approval of the front gate location from the Weld County Sheriffs
office,Weld County Department of Public Works,and Mountain View Fire Protection District.
The applicant shall obtain a building permit for the gate structure.
The right-of-way shall be verified and shown on the final plat for Weld County Road 3 1/4
and State Highway 52. If the right-of-way cannot be documented, it will be dedicated on
the final plat. (Department of Public Works, CDOT)
J. Roadway and grading plans along with construction details will be required with the final plat
submittal. (Department of Public Works)
K. Appropriate referral agencies shall be contacted regarding access issues to include a gated
entrance, especially the fire department of jurisdiction. The applicant shall provide to the
Public Works Department written documentation regarding these concerns along with the
final plan application. (Department of Public Works)
L. The applicant shall address maintenance of Filly Lane with the final plan application, since
this development is proposed as a gated community. (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)
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N. The applicant shall submit to Public Works stamped, signed and dated final plat drawings
and roadway/construction&grading plan drawings for review(with the final application)and
approval. Construction details must be included. This is consistent with County Code:Sec.
24-3-50, "The PUD final plat submitted shall contain the original signatures and seals of all
parties required." (Department of Public Works)
O. 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 change of zone plat. (Department of Public
Works)
P. The applicant shall submit an Improvements Agreement According to Policy Regarding
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)
Q. The Sketch Plan Drainage Report, dated October 21, 2002, by AgPro Environmental
Services, LLC in its initial form is acceptable. However, the County does not accept
concentrated points of discharge into its roadside borrow ditches from developments. The
applicant must address this item in the final drainage report.
R. 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)
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.
B. A geologic study, drainage study and soils report shall be supplied to Weld County
Building Inspections with blueprints when applying for building permits.
Page 11 of 11
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
WEBS 155 N. 17Twww.co AVENUE
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
August 19, 2003
Robb Casseday
4311 Hwy 66, Suite 4
Longmont, CO 80504
Dear Mr. Casseday:
Thank for you for the opportunity to talk to you on August 18th concerning the need for ditch agreements with
both the Weld/Boulder and Lower Boulder Ditch Companies. At the design review meeting today, Pam
Smith with Weld County Public Health and Environment,stated that there was no documents submitted with
'he Change of Zone application to support her concerns as expressed in the Sketch Plan. Peter Schei, with
Weld County Public Works, also in a memo to you dated July 23, 2003, asks for additional information. As
this information was asked for at Sketch Man, I ask that this information be forwarded to the Department
of Planning Services as soon as possible. No further review can take place until all information has been
obtained.
If you have any questions concerning the specifics, I refer you to the Sketch Plan comments, the July 23,
memo from Public Works and August 15 memo from Public Health.
If I can be further assistance, you can contact me at the above address, telephone, or e-mail address.
Sincerely,
nMonic Mika
Director
re;c(iy ,
DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO =
July 11, 2003
Jon File
c/o Lauren Light& Robb Casseday
LANDPROfessionals, LLC.
4311 Hwy 66, Suite 4 -
Longmont, CO 80504
Subject: PZ-1027- Request for a Change of Zone from A(Agricultural)to PUD for 9 lots with E(Estate)Uses along
with 3.68 acres open space on a parcel of land described as Lot A of RE-3474; being part SW4 of Section
32, T2N, R68W 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 September 16, 2003, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 4209 CR 24 ''/3, Longmont, 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 Dacono, Erie and Frederick Planning Commission for their review
and comments. Please call Dacono at (303) 833-2317, Erie at(303) 926-2700 and Frederick at (303) 833-2388 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 Dacono, Erie and Frederick 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 .'-dtEr, pic:;se call.
.�c,es .:sully,
Mc-ica ' .k/Kim Cgle
P ar.ner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS SEPTEMBER 5, 2003. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN
THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF
PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE
PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, MONICA MIKA, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR PZ-1027, FILLY RIDGE, IN THE A(AGRICULTURAL)ZONE
DISTRICT.
MONICA MIKA
Name of Person Posting Sign
r
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this�� day of G 2 �, 2003.
WITNESS my hand and official seal.
(40206 Q/1/1
otary Public
My Commission Expires:
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WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH AVENUE
GREELEY, CO 80631
PHONE(970)353-6100,EXT.3540-FAX(970) 304-6498
DATE: L, \ R 20 O1 RECEIPT _ 09458
RECEIVED FROM: C ( 7 �C- 4 \\\c`\\ .\\V ScK \ \Th
NO. TYPE FEES
". 4221 -RE/SE
4221 =ZPMH
J, 4221 -•USR •
4221 -SITE PLAN REVIEW
' 4221 -COZ
"•�= 4221 -PUD
4221 -SUBDIVISION
4221 -BOA •
4221 -FHDP/GHDP
4430-MAPS/PUBLICATIONS
4430-POSTAGE
`�- 4430-COPIES
4730-INVESTIGATION FEE
-- 6560-RECORDING FEE
MISC.
;.' O CASH'—aCHECK NO: H11, \l; TOTAL
BYs
WHITE.—CUSTOMER CANARY-FINANCE PINK-FILE
` - - DEPARTMENT OF PLANNING SERVICES
a� BUILDING INSPECTION
� - NORTH UE
1555 N. 17TH AVENUE
I GREELEY, COLORADO 80631
I I O (970)353-6100 x3540
FAX (970)304-6498
SOUTHWEST
COLORADO 4209 CR 24.5
LONGMONT CO 80504
' (720)652-4210 x8730
FAX(720)652-4211
•
October 3, 2003
Farfrumwurkin LLLP
c/o Jon File -
11811 Upham St#12
Broomfield CO 80020
RE: Building Permit Application for Retention Pond and Berm
Mr. File: .
This permit application, submitted September 12, 2003 at the Weld County Planning Services'Southwest Office,
was forwarded to me for Zoning Review. I have consulted with Monica Mika, Planning Services Director,and Kim
Ogle, Lead Planner, and have been directed to forward the plan you submitted to Peter Schei at Weld County
Public Works Department for review. This property is currently involved in a Change of Zone case (PZ-1027 -
Filly Ridge PUD)and this retention plan should be addressed through that process;therefore,a Zone Hold will be
placed on the building permit application (BCS-030452) until Planning staff approves its release. If you have
questions, please contact Monica Mika or Kim Ogle at the Weld County Planning Services' North Office. •
Sincerely,
Lin Dodge
Building Technician
cc: File'BCS-0304
. (•- e ile PZ-102
ee nis'er ey, Plans Examiner, SW Ofc
Peter Schei, Weld County Public Works
//��/ice, r . _.. .:m. .,.,.... .:... ..... . .. .. ...,...�. ,... ,..._..- ...,, •.. ..._` .a
III I APPLICATION LONG FLOW SHEET
COLORADO
APPLICANT: Jon File- Filly Ridge PUD CASE#: PZ-1027
REQUEST: Change of Zone from A(Agricultural)to PUD for 9 lots with E(Estate) Uses along with 3.68 acres
of open space
LEGAL: Lot A, RE-3474; being part SW4 of Section 32, T2N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to State Hwy 52;west of and adjacent to WCR 3 1/4
PARCEL ID#: 1313 32 300037 ACRES: 23.88+/-
To be completed by Planner: Date By
Application Received 4-18-2003 south
PC Hearing: September 16, 2003 Action: MM/ko
Utility Board Date
Design Review Date 5-28-2003 staff
Application Complete and Sent to Office Tech
PC Sign to be Posted By: 9-1-2003 Field Check and Sign Posted s-W\ i;10 3 u W\
CC Hearing Action: ,
CC Sign to be Posted By: CC Sign Posted C3-j y V n iom. ) I t
To be completed by Office Tech: Date (Sent) Date (Due) By
Referrals ", .14-,0-j 8.--2•03 -DM
Certified Mail to: 1XY)OuG ie ederick. .�3 4
Letter to Applicant 1 . (( �-•
Chaindexed • l' ' 03
Surrounding Property/Mineral Owners Notified • I- 03 4
Date Legal Notice Sent to County Newspaper
Date Legal Notice to be Published in County Newspaper
File Completed and given to Planner `1 •(4k-0-3 INM
To be completed by CAD Tech: Date By
Plat Recorded and Filed
Overlay Districts
Zoning Agricultural PRIME Geologic Yes_X_ No
Airport Yes No_X_ Flood Hazard Yes No X—
IGA Yes No X— Panel#080266 0850 C
UGB • Yes No__X_
MUD Yes No_X_
-i
FIELD CHECK Inspection date: August 8, 2003
CASE NUMBER: PZ-1027
APPLICANT: Jon File - Filly Ridge PUD
LEGAL DESCRIPTION: Lot A of RE-3474; being part SW4 Section 32, Township 2 North,
Range 68 West of the 6th PM, Weld County, CO
LOCATION: North of and adjacent to State Hwy 52; west of and adjacent to CR 3 1/4
Zonina Land Use
N A (Agricultural) N Farm; residential
E A (Agricultural) E Historic Farmstead
S A (Agricultural) S Farm; residential
W A (Agricultural) W Estate home; agricultural production
COMMENTS:
• Photos: 1.) Ditch
2.) Looking west
3.) West and residential
4.) North, looking toward Longmont
5.) East
• Access to the site is off of CR 3 1/4, an overlayed county road. The site adjoins State
Hwy 52.
• The site is crossed by a ditch at the intersection of CR 3 1/4 and State Hwy 52.
• There are no improvements on the site. There is a row of utility poles on the southern
edge of the property running parallel to State Hwy 52. The site gradually slopes to the
north.
• The ditch runs under CR 3 1/4. There could be possible access concerns.
Moni Daniels Mika, AICP
M:\WPFILES\DONITA\MONICA\pz-1027 field check.wpd
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