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HomeMy WebLinkAbout20002799.tiff SHERI LOCKMAN - Cecil/Ponderosa Z551 water 'aye 1 From: LEE Morrison To: slockman Date: 9/22/00 1:16PM Subject: Cecil/Ponderosa Z551 water The water agreement is for 4 lots ( I assume that there is an existing lot w/ a residence and water The agreement requires payment of a tap fee ( as exists at the time of purchase)for each lot and a $1500 infrastructure enhancement fee, a dedication of raw water and security for construction of the water lines for this size development, the agreement appears to be adequate. Also , collateral will no: neec to oe provided the County for the cost of water line construction. Lee D. Morrison Asst. County Attorney 2000-2799 EXHIBIT / 5 .7"---ala �' MEMORANDUM lig TO: Sheri Lockman, W.C. Planning DATE: September 22, 200( 11 IFROM: Pam Smith, Weld County Department of Public Health and i f C. Environment COLORADO CASE NO.: Z 551 NAME: Cecil Farms/Ponderosa Estates The Weld County Health Department has reviewed this proposal. We have also observed the site. The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service. Water will be provided by the North Weld County Water District and sewer will be provided by individual selvage disposal systems. The minimum proposed lot size (4 0) coupled with the overall density of one septic system per 5 acres meets the current Department policy. A "will serve" letter from North Weld C Aunty Water District has been included in the application. The initial impact plan provided in the application materials adequately addresses all potential impacts as required by section 4.2.5.14 of the PUD Ordinance. The application states there are private irrigation ditches on the north and east sides of the properties. Therefore,the Department recommends that the applicant provide primary and secondary absorption field envelopes and record them on any plat. The Department also recommends that secondary absorption field envelope be preserved in a manner that will allow its future use. Language for the presentation and/or protection of the second absorption field envelope shall be placed in the development covenants The covenants should 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. The application states that the property owner would like the Homeowner's Association to have the option to build a barn and corrals in the common open space. The open space maintenance shall include removal of manure in a manner that will prevent nuisance conditions and not allow runoff The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. The Department recommends approval with the following conditions: 1. Water service shall be obtained from the North Weld County Water District. 2. A Weld County Septic Permit is required for each proposed septic system and shall ce installed according to the Weld County Individual Sewage Disposal System Regulations. 3. Each septic system shall be designed for site-specific conditions, including but not limited tc maximum seasonal high groundwater, poor soils, and shallow bedrock. 4. Primary and secondary septic system envelopes shall be designated on each lot. Septic s/stem envelopes should meet the required setbacks as described in the Weld County Individual Sewage Disposal System Regulations. 5. 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 si has landscaping EXHIBIT (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. 6. 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, if required. 7. 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 Health Department, a fugitive dust control plan must be submitted. 8. 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 9. If land development creates more than a 25 acre contiguous disturbance, or exceeds 6 months induration, 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. 10. The "Right to Farm" covenant shall be recorded on the plat. In the event the open space is expanded to include corrals and a barn the applicant shall submit a manure and stormwater runoff management plan for review and approval to the Weld County Department of Public Health and Environment. The plan shall describe how manure that is generated on the property will be disposed, and describe how stormwater that comes into contact with manure on the property wile be managed. The applicant should consider the Best Management Practices as described in the Confined Animal Feeding Operation Control Regulations (5 CCR 1002-81). �✓\PANI\Planning\nhzone\z551 wpd Weld County l t ; De! MEMORANGJM .,E1:; 2 8 00; 4§#. To Sheri Lock man DAR �rtfSt 41, 2l701� D FROM: Diane Houghtaling P.E., Traffic Engineer SUBJECT: Z-551, Ponderosa Estates, Change of Zone COLORADO The Weld County Public Works Department has reviewed this change ofz one request. Our comments and requirements are as follows: COMMENTS: The internal roadway needs to be extended to the end of Lot five. The typical section was not sat mit e f- All roads within a PUD need To be paved unless waived by the Director of Planning. The minimurr pa d road is 32 feet wide (two 12-foot lanes with four-foot gravel shoulders) The drainage study is acceptable. Final roadway construction plans will need to be submitted with the final plat. RECOMMENDATION: Approval DEVELOPMENT CONDITIONS (If Approved): The roadway shall be extended to the end of Lot five. An additional turn-around shall be added to maintain tie maximum olock length at 1500 feet. Final roadway plans shall be submitted with the final plat. If you have any questions, please call. pc Z-551 M:AWPFILESVdianeA DEVELOPMENT\Z-551 wpd EXHIBIT o � ; et ISIDIj tr Weld County Referral ___.__ I lID Aucust 23. :2000 • COLORADO ' The Weld County Department of Planning Services has received the following item for review: .“10* Applicant Cecil Farms/ Ponderosa Case Number Z-551 Estates • Please Reply By September 7, 2000 Planner Sheri Lockman Project Planned Unit Development Change of Zone from A (Agricultural) zone district to PUD with five (5) E (Estate) lots, and 7.5 acres of open space. Legal Lot B of AmRE-2019; being part of the S2 of Section 11, T6N, R66W of the 611 P.M., Weld County, Colorado. —_ Location North of and adjacent to WCR 70; east of WCR 33 Parcel Number 0805 11 000031 �•._"_ i The application is submitted to you for review and recommendation. Any comments or recommendatior you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planne-associated with the request. Weld County Planning Commission Hearing (if applicable) October 3, 2000 ❑ 4'e have reviewed the request and find that it does/does not comply with our Comprehensive Plan p'We have reviewed the request and find no conflicts with our interests. O See attached letter. n Comments: —Se-2r GfG rF T€.4i �5/L S- S kf) —_ ✓!/. i1 ft)A/' t-:a -- Signature ( Date 4 /D� Agency �.e. l �.fil. rifid •t•Weltl County Planning Dept. :•1555 N. 17th Ave.Greeley,y,CO. 80631 •:•(970)353-6100 ext.3540 •>(970)304-649 EXHIBIT S-- 4j& DEPARTMENT OF BUILDING INSPECTION 1555 N. 17TH AVENUE: GREELEY, COLORADO 8063 I PHONE (970) 353-5100. EYT.354o FAX (9701304--498 Viig e COLORADO January 07, 2000 Cecil Farms/{Ponderosa Estates Sketch plan for 5 residential lots S-520 L Proper building permits shall be obtained prior to any construction or excavation. 2. Building permits are required for any accessory buildings being constructed or moved onto the property. 3. All foundations for principal dwellings or steel structural accessory buildings will be required to be engineered. Such foundation design shall be based on a site-specific geotechnical report or an "open hole" inspection made by a Colorado licensed engineer. 4. All buildings or structures shall maintain distances from property lines and adjacent buildings as outlined in Table 5-A of the /997 Uniform Building Code. 5. At the time an application is accepted for a building permit a plan review will be done. A comp'eie review of the building or structure may reveal other building issues or areas needing attention. Respec ll .,---- /„ ., 1, Day Spr9 e L Building Official Service,Teamwork, Integrity,Quality ' 41 6 ill kl itiz: Weld County Referral — August 23, 23(10 iiiik COLORADO The Weld County Department of Planning Services has received the following item for review Applicant Cecil Farms/ Ponderosa Case Number Z-551 Estates Please Reply By September 7, 2000 Planner Sheri Lockman Project Planned Unit Development Change of Zone from A(Agricultural) zone district to PUD with five (5) E (Estate) lots, and 7.5 acres of open space. , Legal Lot B of AmRE-2019; being part of the S2 of Section 11, T6N, R66W of the 5th P.M., Weld County, Colorado. Location North of and adjacent to WCR 70; east of WCR 33. Parcel Number 0805 11 000031 The application is submitted to you for review and recommendation. Any comments or -ecommendatinn you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on tnis date may be deemed to be a positive response to the Department of Planning Services. If you have any funkier questions regarding the application, please call the Planner associated with the request. Weld County Planning Commissior Hearing (if applicable) October 3, 2000 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature ,' _—_(`-.__ — __'S Date 9--2L; .-cL c Agency Lrl-y c)A: C.1. te.), 174.--,,,—,,,,,c :•Weld County Planning Dept. :•1555 N. 17th Ave. Greeley, CO.80631 •:•(970)353-6100 ext.3540 .N9701:04-649! - EXHIBIT a .. = ., in OFFICE OF COMMUNITY DEVELOPMENT City of 1100 10T"STREET,GREELEY,COLORADO 80631 (970)350-9780 FAX(970)350-9400 Greeley September 26, 2000 Sheri Lockrnan Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 8063 1 Subject: Z-551 Cecil Farms/Ponderosa Estates Change of Zone from A (Agricultural) to I'M (Planned Unit Development) Ms. Lockman, The City of Greeley Planning Commission considered the change of zone request from Cecil Farms/Ponderosa Estates today at its regularly scheduled meeting. Planning commission voted 6-1 to recommend denial of the proposal to the Weld County Planning Commission because they found that the proposed Planned Unit Development does not comply with the policies and intent of the City of Grecley's Comprehensive Plan and Resolution 7, 1985. If the Weld County Planning Commission approves the proposal. the City of Greeley Planning Commission recommends that it should be on the condition that the private access road is paved to reduce the development's impact on air quality. If any questions arise, please do not hesitate to contact me at 350-9296. Sincerely, Michael Whitley Planner 1 S 1! R I/ I N L O I li C, u M N I N I I 1 I I' A .1 RADII I 7(�/t7 pans 10 pre.ceruiz and improve Ile yOO11.1/O/hie/O1 (Me(ley/Iirouglf LnlelJ courteous do/.u.i!toil( he C1 FILE COPY PLANNING COMMISSION SUMMARY ITEM: Weld County Referral for a Change of Zoning from A (Agricultural) Zoning District to PUD (Planned Unit Development) with Five (5) Estate Lots PROJECT: Cecil Farms/Ponderosa Estates Change of Zoning LOCATION: North of Weld County Road 70 Between Weld County Road 33 and Weld County Road 35 REPRESENTATIVE: Todd Hodges CASE PLANNER: Michael Whitley, Planner I PLANNING COMMISSION HEARING DATE: September 26, 2000 PLANNING COMMISSION FUNCTION: Review the proposal for compliance with the City of Greeley Comprehensive Plan and Development Code and make a recommendation to the Weld County Planning Commission. PROJECT OVERVIEW AND BACKGROUND: This Weld County Referral is a request to change the zoning on a 32.5 acre property from A (Agricultural) to PUD (Planned Unit Development). The Planned Unit Development would allow 5 residential lots ranging from 3.375 acres to 6 076 acres and would include 7.5 acres of open space. There is an existing single-family home located on the property on what would become Lot 1 of the PUD. The site is located north of and adjacent to Weld County Road (WCR) 70 between Weld County Roads 33 and 35. The property is one mile north of the City of Greeley's municipal limits and is one mile north of the City of Greeley's Long-Range Expected Growth Area(LREGA). WCR 70 is a gravel road. The lots within the PUD would gain access to WCR 70 by way of a 20) foot wide gravel private road with 4 foot wide gravel shoulders. The site would be served by the North Weld County Water District and the lots would use septic sewage disposal systems. The subject property is within the Eaton Fire Protection District and the Eaton School District RE:2, The site is primarily classified as "irrigated land non-prime" on the Important Farmlands of Weld County map. It is the practice of the City of Greeley Planning Commission to review Weld County referrals principally for conformance with the City's Comprehensive Plan policies. Specific design issues are addressed only to the degree necessary to ensure consistency with the City's Comprehensive Plan and Development Code. SITE DATA: Site Size: 32.5 Acres • Acres of Common Open Space Proposed: 7.54 Number of Proposed Lots: 5 Minimum Lot Size Required (Weld County Estate Lots): 2.5 Acres Minimum Lot Size Proposed: 3.375 Acres Average Lot Size: 4.543 Acres Zoning: Weld County A (Agricultural) Proposed Zoning: Weld County PUD (Planned Unit Development) Surrounding Zoning: Weld County A Number of Proposed Residential Lots: Five Surrounding Land Uses: North - Agricultural Production South - Agricultural Production East - Single-Family Home, Agricultural Production West - Agricultural Production KEY ISSUE/ANALYSIS: The City's Comprehensive Plan does not directly address the issue of subdivisions located outside of the LREGA. However, several sections of the Comprehensive Plan, including segments discussing sanitary sewer service, fire service, police service, and recreation indicate that subdivisions should be located where urban-level services are available. These sections indicate that land-use patterns influence the cost associated with providing these services. This subdivision will have access to basic services, but these services will not be equivalent to those available in urban areas. Planning Comm. Summary 2 Cecil Farms WCR Resolution 7, 1985 by the City of Greeley Planning Commission gave administrative review authority to the Greeley Planning staff for review of recorded exemptions. The resolution indicates we cannot recommend approval on any application where the overall gross density exceeds one dwelling unit per 20 acres outside of the 2010 growth ring. While Resolution 7, 1985 specifically addressed recorded exemptions, the same density standard is used to evaluate residential subdivisions and PUDs. Density standards were suggested in Resolution 7, 1985 to encourage development within urban areas where urban-level services are provided, to encourage cluster development in order to preserve agricultural lands, and to accommodate future potential urban development. None of these criteria are met by this PUD. This PUD would not be located within an urban area, does not cluster so as to preserve agricultural land and would be difficult to assimilate into an urban development pattern should the area ever be annexed into a municipality. The proposed project includes a gravel access road. When considered individually, small developments such as this will have only a negligible impact on air quality. However, the commutative impact of numerous small developments such as this will increase the amount of particulate matter in the air. The proliferation of gravel roads will adversely impact the air quality of the region. If this proposal is approved by the Weld County Planning Commission, a paved road should be required. ADMINISTRATIVE REVIEW TEAM COMMENTS: The Administrative Review Team informally reviewed this proposal at its meeting on September 13, 2000. No concerns with the proposal were noted. PLANNING STAFF RECOMMENDATION: The Planning, staff recommends the Planning Commission find that the proposed Planned Unit Development does not comply with the policies and intent of the City's Comprehensive Plan and of Resolution 7, 1985, and therefore recommend denial to the Weld County Planning Commission. If, however, the Weld County Planning Commission approves the proposal, it should be on the condition that the private access road is paved to reduce the development's impact on air quality. ATTACHMENTS: Attachment A - Vicinity Map Attachment B - Site Plan Attachment C - Applicant's Narrative Planning Comm. Summary 3 Cecil Farms WCR Ollbonr. aAttachment A Vicinity Map n w Site GI w C \` WCR.70 _ LREGAT i i ill t CI Limits - Ise Legend N Parcels s..17 W � k E —- Roadcl • Strcture S LREGA - Long-Range Expected Growth Area Attachment B Site P1 n =m I\ I . 8 § g a | ii I\% N ) \ \ } i I! p `/\ / \ , » K ! = < \ / rS . § 4 \ \ , : . § ( \\- A / . t i \ | \ . ' ^ F \ & ` � \ , Z « f ! " . . ( , | ) ` 5 - 1/4 } ) \ /. ^ \, y zIn N5 bt, : y � 7' i[ «<` _ I \}; 5 ! \\: ;|7 Attachment C Applicant's Narrative Specific Development Guide Ponderosa Estates PUD Section 1.1 of the Weld County PUD Ordinance#197 states "Encourage innovations in residential; commercial and industrial development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space in the development". This proposal addresses the growing demand for this type of residential opportunity, while at the same time achieving several goals of the Weld County Comprehensive plan including preservation of open space. The general concept of this proposal is to create a five lot Planned Unit Development (PUD) that consists of five PUD Estate zoned lots averaging 4.55 acres per lot and 7.54 acres of common open space, or 23%of the total acreage. The proposal is a non-urban scale development as defined by Section 2.13 of the Weld County PUD Ordinance #197 arc' as such, specifically conforms to the Weld County standards and requirements for such non-urban developments It is the intent of the applicant to create a subdivision that provides single-family residential lots while preserving a large amount of common open space. The proposed land uses include single-family residential uses,passive and active open space, recreational opportunities for the property owners and continued agricultural production. The architectural style of the residential structures will be left to the discretion of the individual lot owners with standard limitations that will be specifically outlined in the covenants. The structures within the PUD will include single- family dwellings and accessory structures, which will adhere to the setback, offset and other applicable requirements of the Weld County Zoning Ordinance. This proposal is compatible with the surrounding land-uses, architectural style, character and zoning. The applicant wishes to establish a small, non-urban neighborhood consisting of residential and agricultural uses, which are consistent and compatible with the uses on surrounding properties. This application proposes to utilize the Specific Development Guide option as outlined in Section 6.2.1 of the Weld County PUD Ordinance #197. The following information is intended to address the eight major components of the PUD Development as outlined in Section 6.3 of the aforementioned ordinance. 6.3.1 Component One-Environmental Impacts: 6.3.1.2.1.1 --Noise and Vibration 6.3.1.2.1.2--Smoke, Dust and Odors 6.3.1.2.1.3-- Heat, Light and Glare 6.3.1.2.1.4--Visual/Aesthetic Impacts 6.3.1.2.1.5--Electrical Interference 6.3.1.2.1.6--Water Pollution This proposed residential uses and continuation of existing agricultural uses should not have any negative impacts to the above listed environmental concerns on this property or on adjacent properties. In a referral response dated January 10, 2000, the Weld County Department of Public Health and Environment indicated that the initial impact plan included in the Sketch Plan submittal "...adequately addresses all potential impacts as required by section 4.2.5.14 of the PUD Ordinance. " Additionally, appropriate measures to mitigate any potential construction impacts will be utilized during all phases of construction. The applicant is willing to address any specific concerns that staff or referral agencies may have pertaining to the listed environmental impacts. 6.3.1.2.1.7—Waste Water Disposal This proposal addresses the wastewater disposal on the site through the use of individual sewage disposal (septic) systems. The Weld County Department of Public Health and Environment indicated in its referral response that "The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service. " 6.3.1.2.1.8—Wetland Removal This proposal does not remove any existing wetlands. 6.3.1.2.1.9—Erosion and Sedimentation 6.3.1.2.1.10—Excavating, Filling and Grading 6.3.1.2.1.11 —Drilling,Ditching and Dredging The design of the proposed PUD requires minimal grading on the site. The proposed access is already existing to serve the existing residence on Lot 1. There will not be any drilling or dredging on the property. Erosion will be kept to a minimum based on the existing grade of the site and the general layout of the lots and open space. Additionally, effective erosion and sediment control measures will be utilized during all phases of construction. It is not anticipated that drilling will occur on this site, however a possible future drill site has been located at the northwest corner of the property. 6.3.1.2.1.12-Air Pollution 6.3.1.2.1.13—Solid Waste 6.3.1.2.1.14—Wildlife Removal 6.3.1.2.1.15—Natural Vegetation Removal This proposal does not have a negative impact to the above listed environmental issues. The addition of plant buffers in the common open space provided in this proposal will ensure that vegetative cover remains protected into the future for wildlife in the area. 6.3.1.2.1.16—Radiation/Radioactive Material To the applicant's knowledge, there are no radioactive materials located on this site. 2 6.3.1.2.1.17- Drinking Water Source The proposed potable water source for this development is water taps from the North Weld County Water District. Section 6.3.2.2.1.9 of the Weld County PUD Ordinance #197 requires 'A description of the water source and system and a statement from the representative of the provider of the water system which demonstrates that the water supply quality and quantity is sufficient to meet the requirements of the USES within the PUD Zone District " Included in the application materials is a "Service Agreement" with North Weld County Water District. A North Weld County Water District tap currently serves the existing residence on Lot 1. Additionally, the Weld County Department of Public Health and Environment indicated in its Sketch Plan referral response that "The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service. " 6.3.1.2.1.18—Traffic Impacts Due to the non-urban nature of this proposal there should be very little impact to traffic of the area. The February 7, 2000 Sketch Plan referral from the Weld County Public Works Department indicates that a Traffic Impact Analysis is not required for this proposal. 6.3.2 Component Two—Service Provision Impacts: 6.3.2.2.1.1 —Schools As stated in the applicant's response to referral agency Sketch Plan comments, the Eaton School District RE-2 referral dated January II, 2000, indicates that the District requires either a dedication of land or a payment of cash-in-lieu of land in order to offset the impact of development on the District. Judging by the District's required acreage for a school site (10 — 45 acres) and the relatively small acreage of the subject parcel, it is anticipated that a cash in lieu of land agreement will be the District's preferred alternative. A cash-in-lieu fee may be paid at the time of application for individual building permits. 6.3.2.2.1.2--Law Enforcement 6.3.2.2.1.3 Fire Protection 6.3.2.2.1.4--Ambulance This proposal should have a minimal impact to the above service providers. Referral comments from the Eaton Fire Protection District dated January 28, 2000, indicate that a fire hydrant or other access to water is necessary. The plan has been modified to include the proposed location of a hydrant for fire protection. The final location of the hydrant will be based on direction from the Eaton Fire Protection District. The review of this proposal by the public service providers will ensure that impacts are mitigated, if necessary. 3 6.3.2.2.1.5— Transportation 6.3.2.2.1.6—Traffic Impact Analysis The roadways within this proposal are designed to meet and exceed the minimum requirements of Section 10 of the Weld County Subdivision Ordinance and the Public Works Department. The roadway construction and materials are listed within the preliminary on-site improvements agreement, which was included in the Sketch Plan submittal. The roadway is designed to be a 20' wide gravel road with 4' gravel shoulders. Additionally, as previously stated in Section 6.3.1.2.1.18 — Traffic Impacts, due to the non-urban nature of this proposal there should be very little impact to truffle of the area, The February :7, 2000 Sketch Plan referral from the Weld County Public Works Department indicates that a Traffic Impact Analysis is not required for this proposal. 6.3.2.2.1.7—Storm Drainage The impact to existing storm drainage patterns should be minimal and is addressed in the enclosed preliminary drainage plan as required by the Weld County Public Works Department referral dated February 7, 2000. 6.3.2.2.1.8—Utility Provisions 6.3.2.2.1.9—Water Provisions As previously stated, utilities are available for this proposal. The proposed potable water source for this development is water taps from the North Weld County Water District. Section 6.3.2.2.1.9 of the Weld County PUD Ordinance 11197 requires "A description of the water source and system and a statement from the representative of the provider of the water system which demonstrates that the water supply quality and quantity is sufficient to meet the requirements of the USES within the PUD Zone District." Included in the application materials is a "Water Service Agreement" with North Weld County Water District. A North Weld County Water District tap currently serves the existing residence on Lot 1. Additionally, the Weld County Department of Public Health and Environment indicated in its Sketch Plan referral response, that "The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service. " 6.3.2.2.1.10— Sewage Disposal Provisions As previously stated, the individual lots will utilize individual sewage disposal (septic) systems for sewage disposal. All of the lot sizes exceed the requirements of the Weld County Health Department. A septic permit will be applied for with each individual residential building permit. Additionally, the Weld County Department of Public Health and Environment indicated in its referral response that "The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service." 4 6.3.3 Component Three—Landscaping Elements: 6.3.3.2.2—Landscape Plan 6.3.3.2.3—Treatment, Buffering and/or Screening Included in the application materials is a concept landscape plan that delineates the proposed landscape elements within the proposal. The proposed landscaping is placed to enhance the property while protecting the views of the surrounding neighbors. No screening is necessary on this site. The open space and proposed landscaping on the north side of the property will also act as a buffer between the residential uses of this proposal and the existing agricultural uses to the north. 6.3.3.2.4—.Maintenance Schedule for Landscaping Elements 6.3.3.2.5—On-site Improvements Agreement 6.3.3.2.6—Evidence of Water Any dead or dying material will be replaced at the earliest planting time possible. The plant species chosen are drought tolerant and will do very well with minimal irrigation once established The proposed plant materials will be irrigated as necessary by truck. The preliminary on-site improvements agreement includes the landscaping elements and is part of this submittal package. A final on-site improvements agreement will be included in the Final Plan submittal. 6.3.4 Component Four— Site Design: 6.3.4.2.1.1 Unique Features There are not features unique only to this property. Private irrigation ditches are located along the north and east sides of the property. 6.3.4.2.1.2- Rezoning Consistent with Comprehensive Plan The Weld County Comprehensive Plan directs the County to provide a process to subdivide agriculturally zoned property. This application proposes a five lot, non-urban scale subdivision that has minimal impact on the service providers of the area and is consistent with the existing surrounding land uses. This proposal allows for efficient and orderly development of the area and the protection of passive open space for the existing and future citizens of Weld County The Weld County Comprehensive Plan sets forth criterion for review of applications for the division of land which is zoned agricultural, including soil classifications, agricultural productiveness of the site,feasibility for continued farm production on the site and utilization' of existing housing. The subject parcel is only 32.5 acres in size and is primarily classified as "irrigated land non prime" on the Important Farmlands of Weld County map. The Weld County Comprehensive Plan indicates in A.Goal 9 that 80 acres is considered the minimum lot size needed to retain a viable farming operation. At less than half of 80 acres with non prime soils, the applicant contends that it is no longer feasible to continue to depend solely on farm production on the subject parcel. However, 5 this proposal does strive to maintain agricultural production on the parcel through the use of the existing pasture to be preserved as common open space and the ability for continued pasture use on each lot. It is the intent of the property owners to comply with the Weld County Comprehensive Plan, Weld County Zoning Ordinance, Weld County Subdivision Ordinance, and Planned Unit Development Ordinance #197. 6.3.4.2.1.3— Compatibility of uses allowed within the PUD Zone District This application proposes residential and agricultural land uses, which are listed as a Use Allowed by Right in Weld County's Estate zone district. Section 35.3.1 of the Weld County Zoning Ordinance addresses compatibility in a Planned Unit Development District, stating "The density, design, and location of land uses within and adjoining a Planned Unit Development District shall be designed to be compatible with other uses within and adjoining the PUD District. Compatibility of uses shall be determined by evaluating the general uses, building height, setback, offset, size, density, traffic, dust, noise, harmony, character, landscape, screening, health, safety, and welfare. " This proposal meets and, in most cases, greatly exceeds the Weld County standards.for all of these design elements. Compatibility will be further addressed by including Weld County's "Right to Fen t"covenant on the plat. 6.3.4.2.1.4-Compatibility with Surrounding Land Uses Weld County Comprehensive Plan PUD.Policy 4.1 states, "The design of a planned unit development should ensure compatibility and harmony with existing and planned uses on adjacent properties and within the planned unit development. " The surrounding land uses include agricultural and residential uses similar to the uses proposed by this application. The proposed design for five PUD Estate lots and common open space takes into consideration the existing uses of the surrounding properties, as well as, the site advantages and limitations. The design of the open space and proposed landscaping on the north side of the property will act as a buffer between the residential uses of this proposal and the existing agricultural uses to the north. The architecture within this proposal will be compatible with structures of the surrounding area. As previously stated, this proposal does not take "prime"farmland out of production or limit the ability for continued agricultural production on this site or adjacent properties. Compatibility will be further protected by including Weld County's "Right to Farm" covenant on the plat and within the covenants. PUD.Policy 4.1 goes on to list several design elements for consideration such as density, street design, traffic impacts, open space and landscaping. This proposal meets and, in most cases, greatly exceeds the Weld County standards for these design elements. 6.3.4.2.1.5.Overlay Districts This proposal is not located within any of the overlay districts, as identified by the maps officially adopted by Weld County. 6 6.3.5 Component Five—Common Open Space: This proposal exceeds the requirements for open space and will maintain compliance with, Sections 6.3.5.2.1 through 6.3.5.2.5 of the Weld County Planned Unit Development Ordinance #197. 6.3.5.2.7— 15% Common Open Space Minimum This proposal provides for 7.54 acres of common open space, which equals 23% of the total project acreage. This proposal exceeds the required 15% open space by 8% or 2.6 acres. 6.3.5.3.2—Ownership of Common Open Space 6.3.5.3.2.1—Construction of Open Space 6.3.5.3.2.2—On-Site Improvements Agreement The common open space will be owned and maintained by the homeowners association. The construction of the open space amenities is minimal and is mainly vegetation. A preliminary on-site improvements agreement, which addresses Sketch Plan referral comments is included as a part of this submittal and includes the proposed improvements to the common open space. The property owner wishes to reserve the ability for the future homeowner's association to build common use structures such as a barn or corrals in the common open space. The potential structures would be constructed in a location that would not hinder the ability to continue irrigation of the pasture and would include common access from the cul-de-sac or the perimeter open space. Due to the agricultural uses of the site and the low density, additional road improvements to access the common open space should not be required 6.3.6 Component Six-Signage: This proposal shall comply with the sign standards, as set forth in Sections 6.3.6.3 and 6.3.6.4 of the Weld County Planned Unit Development Ordinance #197. Signage will be incorporated into the landscape and will be limited to street and subdivision signage. 6.3.7 Component Seven— M.U.D. Impact: This proposal is not located within the M.U.D. Boundary, as delineated in the Weld County MUD. Ordinance or the Comprehensive Plan. There is no M.U.D. impact. 6.3.8 Component Eight—Intergovernmental Agreement Impacts: This proposal is not located within any approved intergovernmental agreement boundaries. This proposal is not located within any designated Urban Growth Boundaries. 7 STATE OF COLOIKADC' _ OFFICE OF THE STATE ENGINEER --F t Division of Water Resources 'vj - y Department of Natural Resources 1313 Sherman Street, Room 818 ♦�„�„,y� Denver,Colorado 80203 Phone-I r03)866-3581 — - —.— - --- FAX.(30 4)866-3589 ht[pt//wafer.state-co.uS/default.hnn September 21, 2000 '"` I I, I Smp,. "I Ms. Sheri Lockman Weld County Planning Dept. 1555 N. 17th Ave. Greeley, CO 80631 Re: Cecil Farms/Ponderosa Estates, Case Number Z-551 Section 11, T6N, R66W, 6th PM Water Division 1, Water District 3 Dear Ms. Lockman: We recently commented (our letter of September 13, 2000) on the above referenced proposal to subdivide a 32.486-acre parcel into 5 single-family residential lots. The estimated annual water demand is 34.40 acre-feet per year with 1.75-acre feet for household use purposes. The proposed water supply for the potable water is the North Weld County Water District (District). A District tap currently serves the existing residence on Lot 1. The letter of commitment from the District is for four taps. We have consulted with our water commissioner, Mr. Don Brazelton, and he verified that the historically irrigated lands are the same as proposed within this development. Therefore, there will be no expansion of use of the irrigation water right Pursuant to Section 30.28-136(1)(h)(I), C.R.S., the State Engineer's Office offers the opinion tha':the proposed irrigation water supply will not cause material injury to existing water rights, and with the Lucas Lateral Ditch Company and Larimer & Weld Irrigation Company providing the irrigation water source, the supply is expected to be adequate. Please contact Bill McIntyre of this office should you have any further comments or questions. Sincerely, Weld County Planning Dept. PL,- %' is P 22. 2000 Kenneth W. Knox Assistant State Engineer RECEIVE' EXtUBR I __aL_- Cc: Richard Stenzel, Division Engineer Water Supply Branch File KW K/WCM:PonderosaEstateSub.doc STATE OF COLORADO OFFICE OF THE STATE ENGINEER Weld �j° ��o Division of Water Resources County Planning Dept Qom.7 4_ Department of Natural Resources Ih ` II «; y i«+ 31 4 Sherman Street, [Wont 818 q �, [Denver,Colorado 8020 3 ,�f.P 15 2000 Phone'.1703)866-1501 I AV 13011 866-3589 RECEIVED 1 I e',. h¢p/rwn'.erslalam.us/defaulLMm r, N i Dm' ,n September 13, 2000 °"' I' Ms. Sheri Lockrnan Weld County Planning Dept. 1555 N. 17th Ave. Greeley, CO 80631 Re: Cecil Farms/Ponderosa Estates, Case Number Z-551 Section 11, T6N, R66W, 6`h PM Water Division 1, Water District 3 Dear Ms. Lockman: We have reviewed the above referenced proposal to subdivide a 32.486-acre parcel into 5 single-family residential lots. The estimated annual water demand is 34.40 acre-feet per year with 1.75-acre feet for household use purposes. The proposed water supply for the potable water is the North Weld County Water District (District). A District tap currently serves the existing residence on Lot 1. The letter of commitment from the District is for four taps. Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office offers the opinion that the proposed domestic water supply will not cause material injury to existing water rights, and with the District serving the proposal, the supply is expected to be adequate. Also included in the referral package were copies of stock certificates for The Larimer & Weld Irrigation Company and The Lucas Lateral Ditch Company. Apparently, this water supply is intended to satisfy the irrigation, stock watering, and yards & trees watering as identified on the water supply information summary sheet. However, this is an assumption on our part. This office requests information as to the location of the ditch relative to the proposed irrigated lands and if the new lands are located in the same area historically irrigated by the ditch rights. Accordingly, pursuant to Section 30-28-136(1)(h)(I), C.R.S., the State Engineer s Office offers the opinion that the proposed water supply for outside uses will cause material injury 1:o existing decreed water rights and is inadequate. Ms Sheri Lockman September 13, 2000 Page 2 Please contact Bill McIntyre of this office should you have any further comments or questions. Sincerely, Kenneth W. Knox Assistant State Engineer Cc: Richard Stenzel, Division Engineer Water Supply Branch File KWK/WCIM:PorderosaEstateSub.doc Weld County Planning Dept. E P 12 2.000 At t EE Weld County neMYAP August 23, 200 ) IliaC. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Cecil Farms/ Ponderosa Case Number Z-551 Estates Please Reply By September 7, 2000 Planner Sheri Lockman Project Planned Unit Development Change of Zone from A (Agricultural) zone district to t PUD with five (5) E (Estate) lots, and 7.5 acres of open space. i Legal Lot B of AmRE-2_019; being part of the S2 of Section 11, T6N, R66W of the 5th P.M., Weld County, Colorado. Location North of and adjacent to WCR 70; east of WCR 33. E Parcel Number 0805 11 000031 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicab•e) October 3, 2000 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter.. / Comments: ,,F iw, live4 '2 di va-o cue! 7,E vs . ,i/o CizOF_ 7M6 thents "54-mite of AsvAcatesa ce9a7- zd/LL c...o� 1 r ed e rH m ex/.Onsva brafi7' ins .540A. , Ida-6-1:411.5,4 .4eAta„&Jl 4113) .40w46,2114 ,94al fir.d> fp,srd4o,R4 A06$11- Signature C_ ,r11. iG2aF Date 971,,A, -- Agency TOWN 0 WON 2z3 First Street :•Weld County Planning Dept. T ilt1.0131,0.. I 9•lCD. 8063' t(970)353-6130 ext.3540 C.(970)304-r8 tax EXHIBIT 1120 . 1 `AUG 2 8 2O 4 Weld County Referral CAugust 23, 2000 O COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Cecil Farms/Ponderosa Case Number Z-551 Estates Please Reply By September 7, 2000 Planner Sheri Lockman Pmject Planned Unit Development Change of Zone from A (Agricultural) zone:district to PUD with five (5) E (Estate)lots, and 7.5 acres of open space. Legal Lot B of AmRE-2019; being part of the S2 of Section 11, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 70; east of WCR 33. Parcel Number 0805 11 000031 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) October 3, 2000 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Date9) 1 �..--� �� gw�.>�» S�nvtc.t\ �tR t 1Cr Agency EProw] 5t-tsna. +Weld County Planning Dept. :•1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)3C4-6498 fax EXHIBIT 17 i -CC: _ : '3Ahi:E CL) -v _ EATON SCHOOL DISTRICT RI.-2 John J.Nuspt 20C) Park Avenue Superintendent Eaton, Colorado 80n19 (970)4543402 (970) 4545193 Fax September 1, 2000 Ms. Sheri Lockman Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: Cecil Farms/Ponderosa Estates Planned Unit Development Ms. Lockman: We have reviewed the above applicant's request. Their "Response tc Department of Planning Services P.Goal 2" states that a cash-in-lieu tee may be paid at the time of application for individual building permits. As of this date we do not have a written agreement with applicant determining the amount to be paid to the Eaton School District RE-2. We would like to have an agreement in place. Please let me know if you have any questions. Sincerely, Timothy Unrein Business Services Director Enc. Response to Department of Planning Services & Referral Agency Sketch Plan Comments The following statements are intended to specifically address each of the staff and referral agency Sketch Plan review comments as outlined in the February 29, 2000 letter from the Weld County Department of Planning Services. Adherence to the Comprehensive Plan Goals and Policies A.Goal 1 — "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." — The Weld County Comprehensive Plan indicates in A.Goal 9 that 80 acres is considered the minimum lot size needed to retain a viable farming operation. This parcel is only 32.5 acres, including the existing residence on proposed Lot I, and contains a mixture of prime and non prime soils according to the Important Farmlands of Weld County map. Due to the size and configuration of the parcel, as well as the mix of soils, the parcel is not a viable solely as a farming operation. A.Goal 3 — "Discourage urban-scale residential, commercial and industrial development which is not located adjacent to existing incorporated municipalities" — The Sketch Plan comments acknowledge that this proposal complies with A.Goal 3. A.Policy 6 —"Weld County will encourage developers and utility providers to deliver urban services prior to development." — Referral comments from the Weld County Department of Public Health and Environment dated January 10, 2000, indicate that "The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service. " A "will-serve" letter from the Nonh Weld County Water District (NWCWD) has been submitted with the Sketch Plan application materials. An existing NWCWD tap currently serves the existing residence on proposed Lot I. Appropriate permits will be obtained and the proposed septic systems will be installed in accordance with Weld County requirements for Individual Sewage Disposal Systems. P.Goal 2 — "Require adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of Weld County." - Referral comments from the Eaton Fire Protection District dated January 28, 2000, indicate that afire hydrant or other access to water is necessary. The plan has been amended to include afire hydrant. The Eaton School District RE-2 referral dated January 11, 2000, indicates that the District requires either a dedication of land or a payment of cash-in-lieu of land in order to offset the impact of development on the District Judging by the District's required acreage for a school site (10— 45 acres) and the relatively small acreage of the subject parcel, it is anticipated that a cash in lieu of land agreement will be the District's preferred alternative. A cash-in-lieu fee may be paid at the time of application for individual building permits. 1 ---- -------- STATE OF COLORA[.)C _ COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street,Room 715 January 10,2000 Denver,Colorado 80203 Phone:(303)866-2611 FAX:(303)866-2461 1_ILPARTM I NT OF Ms Julie Chester NATU [ZAL Weld County Planning R SOC ZC ES 1555 N 17th Ave i I. !I-9) Greeley, CO 80631 J .O Re: Ponderosa Estates CGS Review No. WE-U0-0026 , u F Dear Ms Chester: In response to your request and in accordance with Senate Bill 35 (1972)I visited this property to review the plat. A Geologic Engineering Report prepared by Terracon (February 1999) was included in the referral. I) Soil. The site is covered with windblown sediment that overlies bedrock of the Laramie Formation. Silt-sized fractions (loess)of the sediment may be subject to hydrocompaction, that is, the tendency for soil to collapse when wetted. The mitigation for this condition is to wet and thoroughly compact the soil. If inspection during excavation for the foundations reveals a thick section of loess, this material should be overexcavated and replaced with an acceptable fill material. Claystones of the Laramie Formation and clay-sized fractions of soil may have expansive properties. If these rock or soil types are observed at the foundation levels of structures, they should be overexcavated and replaced with an acceptable fill. Organic soils are not suitable foundation substrates because of the tendency to consolidate slowly, which causes post-construction settlement. These soils must be removed if found within building envelopes. An alternative to using shallow foundations on structural fill that has replaced problem soils is to install drilled piers that are founded in competent bedrock. The project engineer should determine whether mitigation of soils is warranted and then make the appropriate recommendations. 2) Subsurface drainage. Perched water tables may develop over clay lenses or bedrock after construction. Perimeter drains should be included in the foundation design if subgrade construction is planned. In summary, there are no geologic conditions present that would preclude development, but the subsurface soils should be evaluated so that the appropriate foundation designs are used. Please call me if there are any questions. L.ad County Plunnir Y.ourstruly,. h. Del: Al ( LL �rfnlanj geologist ,IAN 1 .3 %00( RECEIVED Hello