HomeMy WebLinkAbout20030042.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Community Development Group of Erie, Case Number PZ-592
Inc.
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
3 Referral List X
4 Referrals with comments X
Weld County Sheriff's Office, referral received 8/19/02 X
Weld County Department of Public Health and Environment, referrals received X
7/10/02 and 20/24/02
Weld County Department Planning Services; landscaping, referral received X
8/28/02
Weld County Code Compliance, referral received 9/24/2002 X
Weld County School District RE-1J, referral received 9/9/02 X
State of Colorado, Division of Water Resources, referral received 9/5/2002 X
State of Colorado, Department of Transportation, referral received 9/20/2002 X
State of Colorado, Geological Survey, referral received 9/9/2002 X
Mountain View Fire Protection District, referral received 8/26/2002 X
Weld County Department of Public Works, referral received 10/17/2002 X
Weld County Department of Building Inspection, referral received 10/9/2002 X
5 Surrounding Property Owners - Letters X
6 PC Exhibits
7 Planning Commission Resolution
I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
I./
f EXHIBIT /K.
0,40` #5�1Z 2003-0042
LAND USE APPLICATION
I/ t�111 SUMMARY SHEET
WilDe PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
COLORADO
CASE NUMBER: PZ-592
HEARING DATE: October 15, 2002
CONTINUED TO: November 5, 2002
PLANNER: L Light
APPLICANT: Community Development Group of Erie, Inc.
ADDRESS: 2500 Arapahoe Avenue
Boulder, CO 80302
REQUEST: Change of Zone from A(Agricultural)to PUD for 37 lots with Estate Zone Uses along
with 8.5 acres of open space (The Pointe)
LEGAL
DESCRIPTION: Pt. of the E2 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to Weld County Road 7; north of and adjacent to State Highway
52; south of and adjacent to Weld County Road 16
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ACRES: 187 +/-
PARCEL NUMBER:1313-33-100050, 1313-33-000025
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 Sheriff's Office, referral received 8/19/2002
• Weld County Department of Public Health&Environment,referral received 7/10/2002, 10/24/2002
• Weld County Department of Planning Services, landscaping referral received 8/28/2002
• Weld County Code Compliance, referral received 9/24/2002
• Weld County School District RE-1J, referral received 9/09/2002
• State of Colorado, Division of Water Resources, referral received 9/05/2002
State of Colorado, Department of Transportation, referral received 9/20/2002
State of Colorado, Geological Survey, referral received 9/09/2002
• Mountain View Fire Protection District, referral received 8/26/2002
• City of Dacono, referral received 9/03/2002
Town of Frederick, referral received 9/09/2002
• Town of Erie, referral received 9/04/2002
• Erie/Coal Creek Ditch signed agreement received 10/09/2002
Weld County Department of Public Works, referral received 10/17/2002
• Weld County Department of Building Inspection, referral received 10/09/2002
PZ-592 The Pointe PUD 1
Referrals have not been received from the following agencies:
Lower Boulder Ditch
Weld County Department of Planning Services, addressing
Weld County Ambulance Services,
State of Colorado, Division of Wildlife
Longmont Soil Conservation District
Boulder County
PZ-592 The Pointe PUD 2
Y CHANGE OF ZONE
I (\ 1 ADMINISTRATIVE RECOMMENDATION
11`k.
COLORADO
CASE NUMBER: PZ-592
HEARING DATE: October 15, 2002
CONTINUED TO: November 5, 2002
PLANNER: L Light
APPLICANT: Community Development Group of Erie, Inc.
ADDRESS: 2500 Arapahoe Avenue
Boulder, CO 80302
REQUEST: Change of Zone from A(Agricultural)to PUD for 37 lots with Estate Zone Uses along
with 8.5 acres of open space (The Pointe)
LEGAL
DESCRIPTION: Pt. of the E2 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado
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LOCATION: West of and adjacent to Weld County Road 7; north of and adjacent to State Highway
52; south of and adjacent to Weld County Road 16
ACRES: 187 +/-
PARCEL NUMBER:1313-33-100050, 1313-33-000025
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 the application requirements of Section 27-5-30
of the Weld County Code.
2. The submitted materials are not 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. The proposal is not consistent with the aforementioned documents
as follows:
1) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which includes a
residential use should provide common open space free of buildings, streets, driveways
or parking areas. The common open space should be designed and located to be easily
accessible to all the residents of the project and usable for open space and recreation...."
PZ-592 The Pointe PUD 3
The application indicates 8.5 acres of open space with an additional 37 acres designated
as conservation easement and 1.5 miles of trials. There are no trails indicated on the plat
nor does 8.5 acres of open space meet the minimum requirement of 15% open space.
There is not any information included which indicates how the conservation easement will
be managed nor how the open space will be irrigated. The application as submitted is
not consistent with Section 22-2-190.D.2.b of the Weld County Code.
2) Section 22-3-50.8.1, 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 Left Hand Water District for potable water and fire
protection requirements. Individual sewage disposal systems will handle the effluent flow.
Based upon information provided by Colorado Geological Survey as well as Weld County
Department of Public Health and Environment there are poor quality soils as well as slope
and irrigation ditch issues which may deem some lots non-buildable. Due to the above
concerns Section 22-3-50.B.1 of the Weld County Code can not be met with this
application.
B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will not conform
with all of the Performance Standards of the PUD Zone District contained in Article ll, Chapter
27 of the Weld County Code.
Section 27-2-30, Buffering and Screening-As indicated in the referral response received from
the Landscape Architect with the Department of Planning Services,insufficient information was
received in the application to indicate if the buffering and screening requirements have been
met.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E(Estate)Zone District except for minimum lot size which will be two (2)
acres. There are also several minor deviations from uses allowed-by-right as well as by special
review.
Section 27-2-60, Common Open Space - As indicated previously in this report there was
insufficient documentation provided with the application which demonstrates how the common
open space requirement has been met. The required 15%open space is not delinated nor are
trails which connect from each lot to the open space.
Section 27-2-74, Conservation area and Section 27-2-76 Conservation Easement-Although
the application indicates 37 acres as a conservation easement, the land is included in the
individual lot calculations and no information was provided with the application materials which
indicates how the conservation easement will be administered. Typically conservation
easements are not included on individual lots which can be further developed.
Section 27-2-80,Design standards—The Weld County Department of Public Works is requiring
a final drainage plan which adequately addresses all issues associated with the proposal at the
time of final plat submittal. There are numerous issues relating to roadway design which are
stipulated in the referral from Public Works dated October 16,2002. The property is located on
the Erie strip mine. There is a possibility mine shafts exist under the parcel.There are also soil
limitations on site due to poor quality soils which may affect construction of roads, construction
of structures, specifically basements and installation of septic systems.
Section 27-2-140, Nonurban scale development and 27-2-190 Urban scale development-The
application is proposing an urban scale development outside of an urban growth boundary. The
application does not meet the definition of a non-urban scale development.
PZ-592 The Pointe PUD 4
Section 27-2-176,Sewer provisions - The Weld County Department of Public Health and
Environment would prefer to see this development served by municipal sanitary sewer. Their
recommendation is based on poor soil conditions,setbacks to ditches,ponds and wetland areas
and not enough area for development.
The applicant has met the remaining performance standards as delineated in Section 27-2-10.
The Conditions of Approval and Development Standards partially ensure compliance with
Sections 27-2-20 through 27-2-220 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 Towns of Erie,
Frederick and Dacono indicated no conflicts with their interests.
D. Section 27-6-120.6.d - That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article
II the Weld County Code. The proposed PUD will be serviced by Left Hand Water District for
potable water and fire protection requirements.The Weld CountyAttorney's Office has indicated
that the applicant has shown adequate water service. Individual sewage disposal systems will
handle the effluent flow. The Weld County Department of Public Health and Environment has
indicated in a referral response dated July 10, 2002 that the application has satisfied Chapter
27 of the Weld County Code in regard to sewer service. However, the Weld County
Department of Public Health and Environment is recommending municipal sanitary sewer serve
the site due to reasons previously outlined in this report.
E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
The Weld County Public Works Department has reviewed the proposal and has required
numerous items to be addressed according to the referral dated October 16, 2002. A
professional traffic impact analysis shall be submitted with the final plat.
F. Section 27-6-120.6.f-An off-site road improvements agreement and an on-site improvements
agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended
and a road improvements agreement is complete and has been submitted, if applicable.
The Weld County Public Works Department and Department of Planning Services shall require
an Improvements Agreement in accordance with Section 27-6-120.6.fofthe Weld County Code
for improvements to The Pointe PUD and all on-site and off-site improvements.
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.
The Weld County Department of Public Works stated that a final drainage report and
construction plans,conforming to the drainage report,shall be approved prior to recording final
plat. As noted previously, soils onsite are of poor quality.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
PZ-592 The Pointe PUD 5
The submitted Specific Development Guide does accurately reflect the 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 not in agreement
with this request as there are to many issues that require resolution.
The denial recommendation is based upon non-compliance with Chapter27 requirements. If the application
is approved the following conditions are recommended:
The Change of Zone from A (Agricultural) to PUD for 37 lots with Estate Zone Uses along with 8.5
acres of open space is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PZ-592. (Department of Planning Services)
2) Adhere to Section 27-9-20 of the Weld County Code which outlines the requirements for
the Change of Zone plat. (Department of Planning Services)
3) Indicate the area for bus stop/mail box location as required by Weld County Department
of Public Works. (Department of Public Works, Department of Planning Services)
4) Provide 15% common, usable open space. (Department of Planning Services)
5) Indicate the trail network. (Department of Planning Services)
6) Any signage shall be indicated. (Department of Planning Services)
7) Include all items required by the Weld County Department of Public Works as identified
in the memo dated October 16, 2002. (Department of Public Works)
8) All outlots shall be appropriately numbered. (Department of Planning Services)
9) Remove the conservation easement area or reconfigure the lots so the conservation
easement does not encumber the individual lots. (Department of Planning Services)
10) Three copies of the plat shall be submitted to the Weld County Department of Planning
Services. Weld County Departments of Planning Services, Public Works and Public
Health and Environment will review and approve the plat. Written evidence of approval
of the plat from all departments shall be provided to the Department of Planning Services
by the applicant. (Department of Planning Services)
B. The applicant shall provide written evidence that their property is not bisected by the parcel
owned by the Billings. (Department of Planning Services)
C. The applicant shall address the concerns of the Weld County Sheriff's Department as stated
in a memo dated August 19, 2002 and incorporate remedies for these concerns. Written
evidence of a solution, signed by the Weld County Sheriff's Department, shall be provided to
the Department of Planning Services. (Weld County Sheriff's Office)
PZ-592 The Pointe PUD 6
,.._ D. The applicant shall address the concerns of the Weld County Department of Public Health and
Environment as stated in a memo dated July 10, 2002 and a referral dated October 24,2002.
Written evidence of a solution, signed by the Weld County Department of Public Health and
Environment,shall be provided to the Department of Planning Services. (Department of Public
Health and Environment)
E. The applicant shall address the concerns of the Weld County Department of Planning Services
Landscape Architect as stated in a memo dated August 28,2002 and incorporate remedies for
the concerns. Written evidence of a solution, signed by the Landscape Architect, shall be
provided to the Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the concerns of the Saint Vrain Valley School District as stated in
the referral response dated September 5, 2002 and incorporate remedies for their concerns.
Written evidence of a solution, signed by the Saint Vrain Valley School District, shall be
provided to the Department of Planning Services. (Saint Vrain Valley School District)
G. The applicant shall address the concerns of the Colorado Geological Survey as stated in a
referral response dated August 30,2002 and incorporate remedies for their concerns. Written
evidence of a solution, signed by Colorado Geological Survey, shall be provided to the
Department of Planning Services. (Colorado Geological Survey)
H. The applicant shall address the concerns of the Mountain View Fire Protection District as stated
in a referral response dated August 23, 2002. Written evidence from Mountain View Fire
Protection District of such shall be provided to the Department of Planning Services.
(Department of Planning Services)
I. The applicant shall submit to the Weld County Department of Planning Services an agreement
signed by the Lower Boulder Ditch Company and the applicant. (Department of Planning
Services)
J. The applicant shall submit a Landscape Plan which addresses all issues listed on the
memorandum dated August 28, 2002 from Kim Ogle, Planner III. (Department of Planning
Services)
K. The applicant shall provide written evidence to the Weld County Department of Planning
Services indicating how irrigation water will be provided to the open space and which entity will
provide the water. (Department of Planning Services)
L. The applicant shall submit to the Weld County Department of Planning Services an agreement
signed by all mineral owners indicating their concerns have been addressed. Patina Oil and
Gas shall be included in the agreement. (Department of Planning Services)
M. The applicant shall submit in writing to the Weld County Department of Planning Services
documentation signed by Anadarko E&P that the verifies the terms of the agreement between
the two entities is being adhered to. (Department of Planning Services)
N. The applicant shall submit in writing to the Weld County Department of Planning Services
documentation signed by the Colorado Department of Transportation which indicates the
access permit for the 8 southern lots is valid even though Prospector Circle intersects with
Stagecoach Drive so there is the potential more than 8 lots will utilize the access to State
Highway 52. (Department of Planning Services)
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PZ-592 The Pointe PUD 7
O. The applicant shall submit to the Weld County Attorneys Office and the Department of Planning
Services documentation that indicates how the proposed conservation easement will be
administered and where the conservation easement will be located on the property.
(Department of Planning Services)
P. A septic system Management Plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. Written evidence of approval of the plan shall
be submitted by the applicant to the Department of Planning Services. (Department of Public
Health and Environment, 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 site specific development plan is for a Change of Zone from A (Agricultural) to PUD for
thirty-seven (37) residential lots along with 28 acres of open space as indicated in the
application materials on file in the Department of Planning Services.The PUD will adhere to the
uses allowed in the E (Estate)Zone District except for minimum lot size which will be two (2)
acres and the specific uses as indicated in application materials provided by the developer.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. Water service shall be obtained from Left Hand Water District. (Department of Public Health
and Environment)
C. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system.
Sewage disposal shall be by septic systems designed in accordance with the regulations of the
Colorado Department of Public Health and Environment,Water Quality Control Division and the
Weld County Code in effect at the time of construction, repair, replacement, or modification of
the system. Septic systems shall be designed for site-specific conditions, including but not
limited to, poor percolation rates, shallow groundwater, bedrock, gravel and/or clay soils.
(Department of Public Health and Environment)
D. Preservation and/or protection of the absorption field envelopes shall require that 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 which 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)
PZ-592 The Pointe PUD 8
I. 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)
J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
K. A geohazard permit is required for construction located in the moderate to severe geohazard
area. (Department of Planning Services)
L. Oil and gas facilities within the subdivision must be fenced to avoid tampering.(Sheriffs Office)
M. 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)
N. Building permits shall be obtained prior to the construction of any building or structure.
Including structures such as bus stop shelters and gazebos.(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, 1999 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.
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.
Property pins shall be clearly identified and staked and all property lines shall be marked by
string lines stretched between pins or by other approved means. Approved building and
foundation plans shall be on the site and available to inspectors for each inspection.
(Department of Building Inspection)
T. All items identified as notes from the referral dated October 16, 2002 from the Department of
Public Works. (Department of Public Works)
PZ-592 The Pointe PUD 9
U. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
V. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
W. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services' and Public Works 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)
X. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, Planning Services and adopted
Weld County Code and Policies. (Department of Planning Services)
Y. 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)
Z. 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)
AA. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
3. 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)
4. At the time of Final Plan submission:
A. Include all items required by the Weld County Department of Public Works as identified in
the memo dated October 16, 2002. (Department of Public Works)
PZ-592 The Pointe PUD 10
B. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations,and dimensioned on the final plat.(Departmentof Public Works,Department
of Planning Services)
C. The conveyance of property to the Erie and Coal Creek Ditch and reservoir company shall be
identified on the final plat. A signed and recorded copy of the warranty deed which conveys the
property shall be provided to the Department of Planning Services. (Department of Planning
Services)
D. The applicant shall submit an on-site (Private)and off-site (Public) Improvements Agreement
with the final plat application that addresses all improvements associated with this development,
per compliance with Section 24-9-10 of the Weld County Code. (Department of Planning
Services, Department of Public Works)
E. The applicant shall submit an approved final Landscape Plan which addresses the concerns
of the landscape architect as noted in the referral dated August 28,2002. The Landscape Plan
shall conform to Section 27-9-30 of the Weld County Code. (Department of Planning Services)
F. 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)
G. The applicant shall submit development covenants for The Pointe PUD. 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 or other items are expressly prohibited in the absorption
field site. (Department of Public Health and Environment, Department of Planning Services)
H. 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 Mountain View Fire Protection District,the Weld County Sheriffs Office,the Weld County
Ambulance Services Department and the Post Office for review and approval. (Department of
Planning Services)
I. The final plat shall include a common mail/bus pick-up area in accordance with the
requirements stipulated by the Weld County Department of Public Works as identified in the
memo dated October 16, 2002. Evidence shall be provided to Weld County Department of
Planning Services from the applicable Post Office stating that this location meets their design
standards and delivery requirements. Should a single pedestal mail box not be the preferred
standard,written evidence from the applicable Post Office shall be provided stating the contrary.
(Department of Planning Services)
J. The applicant shall contact the Saint Vrain School District, to finalize a bus pick-up location,
shelter and an agreement for payment of cash in lieu of land dedication. Written evidence of
compliance with all School Districts standards and requirements shall be submitted to the
Department of Planning Services prior to recording the final plat. (Department of Planning
Services)
B. The applicant shall submit evidence of inclusion into the Northern Colorado Water
Conservation District. (Department of Planning Services)
PZ-592 The Pointe PUD 11
L. At the time of recording, 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)
PZ-592 The Pointe PUD 12
DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
FAX (9(970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
August 13, 2002
Weld County Land Co. LLC
do Community Development Group of Erie, Inc.
2500 Arapahoe Avenue
Boulder, CO 80302
Subject: PZ-592- Request for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) on a
parcel of land described as the E2 of Section 33,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 October 15, 2002,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 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 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,
thightk
Planner
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: EP1 suTes>A) 3O , 20C> THE SIGN SHALL BE
POSTED ADJACENT TO AN VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FORA SPECIAL REVIEW OR CHANGE OF ZONE IS NOT
ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OFWAY, 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 Spa\ THE SIGN WAS POSTED BY: SC e4--`4-"nn&ZA a J c�6Oa\
NAME OF PERSON POSTING S.GN�
SIGNATURE FOR PERSON POSTIN
STATE OF COLORADO )
)ss.
COUNTY OF WELD ) ' �n
SUBSCRIBED AND SWORN TO ME THIS a' I�I DAY OF l �C , 20 Oc9,
tH\ \c.Q,6O
Wad --
NOTARY PUBLIC
MY COMMISSION EXPIRES: ii/� c�, J7U24
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
/- FIELD CHECK
CASE NUMBER: PZ-592 DATE OF INSPECTION: /z7Q 2
APPLICANT'S NAME: Weld County Land LLC
PLANNER: Lauren Light
REQUEST: Change of Zone from A(Agricultural)to PUD (Planned Unit Development)..
LEGAL DESCRIPTION: E2 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to WCR 7; north of and adjacent to State Highway 52; south of and
adjacent to WCR 16.
LAND USE: / '
s c z/ !1 � ,/4 .5a
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural) ��
COMMEfS: .eL��Lc�
�� f7 5z � r-c2 7
xigP.C. Member
: ��
FIELD CHECK Inspection date: August 30, 2002
CASE NUMBER: PZ-592
APPLICANT: Community Development Group of Erie, Inc.
LEGAL E2 of Section 33, Township 2 North, Range 68 West of the 6th PM, Weld
DESCRIPTION: County, CO
LOCATION: West of and adjacent to WCR 7; North of and adjacent to SH 52; South of and
adjacent to WCR 16
Zonino Land Use
N A (Agricultural) N Rural Residences
E A (Agricultural) E Rural Residences
S A (Agricultural) S Open field/SH 52
W A (Agricultural) W Rural Residence/open field
COMMENTS: An existing subdivision is located to the east. The topography onsite is steep in
several areas. Several oil and gas structures are located onsite.
EXHIBIT
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