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Home My WebLink About20012002 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Percy Hamilton Case Number Z-558 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (7 pages) X 3 Photograph of sign posting X 4 Department of Planning Services field check form X 5 Letter to Applicant X 6 Receipt X 7 Legal Notifications (2 pages) X 8 Application (18 pages) X 9 covenants(8 pages) X 10 Improvements Agreement(12 pages) rym ft X 11 Geologic evaluation (6 pages) X 12 Referral List X 13 -RefeiratLetter /3/Cunt- - X 14 Weld County Department of Public Works, referral received X 6/11/2001 15 Weld County Department of Public Health and Environment, X referral received 6/8/2001 16 Weld County Sheriffs Office, referral received 6/13/2001 X (2 pages) 17 Weld County Attorneys Office, referral received 6/1/2001 X 18 West Greeley Soil Conservation District, referral received X 5/24/2001 (3 pages) 19 Eaton School District, referral received 5/24/2001 (2 pages) X 20 Division of Water Resources, referral received 5/18/2001 X 21 Maps (3 pages) X 22 24"X 36" plats (4) X 23 Deed (3 pages) X (g. 71BIT 2001-2002 tea#55? 24 Surrounding Property Owners (8 pages) X 25 Water and Electric Information (7 pages) X Item submitted at planning commission I hereby certify that the 25 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Sheri Lockman ❖ Planner II S °Ci LAND USE APPLICATION �1 SUMMARY SHEET WIMASON VIEW PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: Z-558 PLANNER: S Lockman APPLICANT: Percy Hamilton c/o Intermill Land Surveying, Inc. ADDRESS: 1301 N. Cleveland Ave. Loveland, Colorado 80537 REQUEST: Change of Zone from A (Agricultural) to PUD with Estate uses for five (5) residential lots and 4.7 acres of Common Open Space LEGAL DESCRIPTION:Lot B of AmRE-2224, being part of the SW4 of Section 33, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 53; 1/4 mile north of Weld County Road 74 ACRES: 30.9+/- PARCEL NUMBER: 0711 33 300044 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 6/11/2001 Weld County Sheriff's Office, referral received 5/15/2001 • Weld County Department of Public Health & Environment, referral received 6/11/2001 • State of Colorado, Division of Water Resources, referral received 5/18/2001 • Eaton School District RE-2, referral received 5/24/2001 • West Greeley Soil Conservation District, referral received 5/24/2001 Weld County Attorneys Office, referral received 6/1/2001 IEXHIBIT P(Olt4ni CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: Z-558 PLANNER: S Lockman APPLICANT: Percy Hamilton c/o Intermill Land Surveying, Inc. ADDRESS: 1301 N. Cleveland Ave. Loveland, Colorado 80537 REQUEST: Change of Zone from A (Agricultural)to PUD with Estate uses for five (5) residential lots and 4.7 acres of Common Open Space LEGAL DESCRIPTION:Lot B of AmRE-2224, being part of the SW4 of Section 33, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 53; 1/4 mile north of Weld County Road 74 ACRES: 30.9+/- PARCEL NUMBER: 0711 33 300044 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 this Code. The proposed site is not influenced by an Inter- Governmental Agreement. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-60.A.1,A.Goal 1 --"Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." Chapter 22, Section 22-2-60.1.1, A.Goal 9 indicates that eighty (80) acres is considered the minimum lot size for a viable farming operation. Although the site is classified as "prime" farmland on the Important Farmlands of Weld County map, the subject parcel is only 30.9 acres net in size. Historically the subject parcel has been utilized for crop production. 2) Section 22-2-60.C.2, A.Policy 3— "Conversion of agricultural land to residential, commercial and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area, or 1-25 Mixed Use Development area and urban development nodes." The application proposes non-urban scale development as defined by Section 27-2-140 of the Weld County Code. Section 27-2-140 defines non-urban scale development as"...developments comprising of nine(9)or fewer residential lots,located in a nonurban area as defined in Chapter 22 of the Weld County Code, Z-558, Mason View PUD, Page 2 not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors." This proposal includes public water and consists of five(5)PUD Estate zoned residential lots and one 4.7 acre open space lot. The proposed lot size is 4.72 acres each. 3) Section 22-2-60.D.2, A.Policy 4 "Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County." The proposed level of development is non-urban as defined in Section 27-2-140. The addition of five (5) PUD Estate zoned residential lots will have minimal impact on the local service providers. 4) 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...." The proposed open space meets the requirements of PUD.Policy 4.2. 5) 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 with North Weld County Water for potable and fire protection requirements. Individual sewage disposal systems (I.S.D.S.)will handle the effluent flow. B. Section 27-6-120.6.b- The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article 11, Chapter 27 of the Weld County Code. The applicant has met the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. C. Section 27-6-120.6.c-That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter- Governmental Agreement nor is the site within the three mile referral area of a municipality. 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 11 of the Weld County Code. The application included a Water Service Agreement with North Weld County Water District.The agreement has been approved by the Weld County Attorneys Office.The State Engineers office has indicated the proposed water supply can be provided without causing material injury to existing water rights and the supply is expected to be adequate. Sewage disposal will be served by Individual Sewage Disposal Systems(I.S.D.S.). Primary and secondary septic system envelopes have been designated on each lot as Z-558, Mason View PUD, Page 3 • recommended. Conditions of Approval and Development Standards ensure that language restricting building on the septic system envelopes will be included in the homeowners association covenants,which will be submitted with the Final Plan application. 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 Department of Public Works has required the roadway to be twenty six (26) feet wide with four (4) inches of Aggregate Base Course, Class 6. A roadway plan and profile plans shall be provided as part of the final plat submittal. 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 applicant did include a preliminary improvements agreement.Development Standards and Conditions of Approval ensure compliance with Chapter 24, Article VII, and Sections 24-9-10 and 24-9-20 of this Code. 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 Colorado Geological Survey, in their referral letter dated August 17, 2000, identified several areas of concern for the site. However,they indicated that no geologic conditions exist that would preclude development. Development Standards included at the Change of Zone and Final Plan will ensure the site is developed according to the Colorado Geological Survey recommendations. H. Section 27-6-120.6.h-Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district, as described previously. The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning Services' staff concurs with this request. This Approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from A(Agricultural)to PUD with Estate Zone District uses 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) The location of fire hydrants as approved by the Galeton Fire Protection District. (Department of Planning Services) Z-558, Mason View PUD, Page 4 2) Landscaping and signs within the intersection sight distance triangle that are less than 3.5 feet in height. (Department of Public Works) 3) The location of the access which corresponds to the forty (40)foot section of plastic pipe which is to replace the existing tile irrigation line on Lot 4 and Lot 5. B. 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) 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 PUD Change of Zone from A(Agricultural)to PUD with Estate Zone District uses 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. B. Water service shall be obtained from the North Weld County Water District. (Department of Public Health and Environment) C. A Weld County Septic Permit is required for each proposed septic system and shall be installed 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 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,etcetera) are expressly prohibited in the designated absorption field site. (Department of Public Health and Environment) E. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment, if required. 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 disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, 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 five 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 six(6)months Z-558, Mason View PUD, Page 5 in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice (A.P.E.N.), 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 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. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) K. All signs including entrance signs shall require building permits. Signs shall adhere to Section 27- 6-90 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) L. 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) M. 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) N. The site shall be developed in accordance to the recommendations made by the Colorado Geological Survey, referral dated August 17, 2000, and the Preliminary Geologic and Mineral Resource Statement prepared by Church&Associates,dated June,2000.(Department of Planning Services) O. Personnel from the Weld County Department's of Public Health and Environment and Planning Services 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) P. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.(Department of Planning Services) Q. 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) Z-558, Mason View PUD,Page 6 R. The internal roadway will be gravel,twenty six(26)feet wide with four(4)inches of Aggregate Base Course, Class 6. (Department of Public Works) S. Access for Lot 4 and Lot 5 shall have forty(40)foot plastic pipe sections to replace the existing tile irrigation line and shall be clearly marked as the access point. (Department of Public Work) 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. (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. (Department of Planning Services) B. The applicant shall contact the appropriate postal district and the Weld County Sheriffs Office to review the proposed street name and lot addresses. Evidence of review shall be submitted to the Department of Planning Services. (Department of Planning Services) C. The applicant shall submit a final roadway plan and profile plans. (Department of Public Works) D. A total of 30 feet from the centerline of Weld County Road 53 shall be delineated right-of-way on the plat and dedicated to the county along with right-of-way for the bus/mailbox pull off. (Department of Public Works) E. 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) 6. Prior to construction: A. A stop sign and street name sign shall be placed at the intersection. (Department of Public Works) B. Access for Lot 4 and Lot 5 shall be clearly marked at the forty(40)foot plastic pipe sections to avoid damaging the existing tile irrigation line. (Department of Public Work) Z-558, Mason View PUD, Page 7 Kiiki;eHeses, IDEPARTMENT OF PLANNING SERVICES W�`p C PHONE (970) 353-6100, EXT.3540 FAX (97(970)304-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 May 8, 2001 Percy Hamilton 36244 Weld County Road 53 Eaton, Colorado 80615 Intermill Land Surveying, Inc. 1301 N. Cleveland Avenue Loveland, Colorado 80537 Subject: Z-558 Planned Unit Development Change of Zone from A(Agriculture)Zone District to PUD with five (5) E(Estate) lots and 4.7 acres of Common Open Space on a parcel of land described as Lot B of AmRE-2224, being pad of the SW4 of Section 33,Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado. Dear Mr. Hamilton: 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 19,2001,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. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Sheri Lockman Planner EXHIBIT WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES - PLEASE TAKE THIS SLIP TO THE FRONT DESK• DATE O RECEIVED FROM ► " ) 1\) NO. TYPE FEES 4221-HEISE 4221 •ZPMIIIMIIZPIZPAD 4221-USR 4221 -SITE PLAN REVIEW 4221 -CO? 21•P11D 4221•SUBDIVISION I"vl P�a/ti/ 1.) '€Ant Pc./..O 4221 •BOA 4221 •MINOR SUB 4221 •FIIDPIGIIOP 4221-REPLAT G560-RECORDING FEE 4430•MAPSIPIJBLICATIONS 4130-INVESTIGATION FEE 4430•POSTAGE/HANDLING ON-CALL PLANNER L.t IC: J‘ © CASII 1G�1 GNECK NO: \V O \ \\\ EXHIBIT RECEIPT # CeCk CC3 (=:7 • r - 3/41• ^ tr 7a&6,1 M/ / )cr /iza P FIELD CHECK inspection date: 6/1/2001 CASE NUMBER: Z-558 APPLICANT: Percy Hamilton do Intermill Land Surveying, Inc. LEGAL DESCRIPTION: Lot B of AmRE-2224, being part of the SW4 of Section 33, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 53; 1/4 mile north of Weld County Road 74 Zoning Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural / Ditch / Residential / Water Tanks S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural / Irrigation Pond / Residential COMMENTS: The site has been plowed. Homes are in close proximity to the north and south. The southern home has large agricultural outbuildings. The nearest cattle operation of any significant size, approximately 100 cattle, is at the northeast corner of WCR 51 and WCR 76. Also 1 '/2 mile northwest of the site is the Galeton Dairy. The trees and bushes along the south side of the property are well established. kit 4C- hfileAl Sheri Lockman , Planner II EXHIBIT Hello