HomeMy WebLinkAbout20173260.tiffCASE NUMBER: PUDZ17-0003
LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
HEARING DATE: September 19, 2017
APPLICANT: Richard L. Hein, do Sheri Lockman, Lockman Land Consulting LLC
REQUEST: Change of Zone Request from the A (Agricultural) Zone District to PUD (Planned Unit
Development) for four (4) Residential Lots with Estate Zone District Uses
LEGAL: Part of Lot B of Recorded Exemption No. RE -4884 being a part of the E2 NE4 of
Section 5, Township 2 North, Range 67 West of the 6th P.M. Weld County, Colorado
LOCATION: South of and adjacent to County Road 26; West of and adjacent to County Road 17
ACRES:
11 acres, more or less PARCEL #: 1311-05-1-00-005
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
Mountain View Fire and Rescue, referral dated May 19, 2017
Weld County Department of Public Health and Environment, referral dated May 22, 2017
Weld County Department of Public Works, referral dated May 30, 2017
State of Colorado Geological Survey, referral dated June 5, 2017
Weld County Department of Planning - Engineer, referral dated June 5, 2017
Town of Firestone, referral dated June 20, 2017
The Department of Planning Services' staff has received responses without comment from the following
agencies:
Weld County Zoning Compliance, referral dated May 9, 2017
Town of Frederick Planning Department, referral dated May 9, 2017
Lupton Meadows Ditch Company, referral dated May 12, 2107
Northern Colorado Water Conservancy District, referral dated May 12, 2017
Central Weld County Water District, referral dated May 22, 2107
Weld County Sheriff's office, referral dated June 5, 2017
Colorado Parks & Wildlife, referral dated June 11, 2107
West Greeley Conservation District, referral dated June 12, 2017
Town of Mead, referral dated June 13, 2107
The Department of Planning Services' staff has not received responses from:
United Power
Longmont Post Office
Anadarko Petroleum Corporation
Weld County School District RE -1
PUDZ17-0003
DZ 17-0003
Silver Mountain Estates PUD
Page 1
PLANNER:
CASE NUMBER:
APPLICANT:
REQUEST:
LEGAL:
LOCATION:
ACRES:
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
Kim Ogle
PUDZ17-0003 HEARING DATE: September 19, 2017
Richard L. Hein, c/o Sheri Lockman, Lockman Land Consulting LLC
Change of Zone Request from the A (Agricultural) Zone District to PUD (Planned Unit
Development) for four (4) Residential Lots with Estate Zone District Uses
Part of Lot B of Recorded Exemption No. RE -4884 being a part of the E2 NE4 of
Section 5, Township 2 North, Range 67 West of the 6th P.M. Weld County, Colorado
South of and adjacent to County Road 26; west of and adjacent to County Road 17
11 acres, more or less PARCEL #: 1311-05-1-00-005
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
Case Summary:
The applicant is proposing a 4 Lot subdivision with (E) Estate Zone District uses, utilizing Central Weld
County Water District water and individual septic systems on a parcel of land created via action by the
court through a partition. The applicant is seeking a waiver of pavement for the internal subdivision road
as Zinnia Avenue (County Road 26) is currently an all-weather road maintained by the Town of Firestone.
The applicant also seeks a waiver from the 2.5 minimum parcel size and the required fifteen (15) percent
open space component. The property is located within the Coordinated Planning Agreement areas for
the Towns of Firestone and Mead.
1. The submitted materials are in compliance with the application requirements of Section 27-5-30 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.B.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.
Section 22-2-120.A. R.Goal 1. Ensure that adequate services and facilities are currently available
or reasonably obtainable to serve the residential development or district.
The proposed PUD will be served by public water (Central Weld County Water District) and onsite
wastewater treatment systems (OWTS).
PUDZ17-0003
DZ 17-0003
Silver Mountain Estates PUD
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Section 22-1-120 C. R.Goal 3. Consider the compatibility with surrounding land uses, natural site
features, nearby municipalities' comprehensive plans and general residential growth trends when
evaluating new residential development proposals.
The proposed PUD is located between two Town of Firestone subdivision developments: McHale
Subdivision to the West and Homestead at Firestone to the east and is adjacent to residences on
recorded exemption lots immediately adjacent to the west, north and south. The property is
located within the Firestone/Weld County Cooperative Planning Agreement area (CPA) and the
property is designated as Residential Low (which allows single-family residential land uses) as
delineated in the Town the Firestone Master Plan.
Section 22-1-120- F1.R.Policy 6.1.Internal roadways that are rural in character, and yet
adequately serve the intensity of the development, are encouraged.
The proposed PUD is located near an urbanizing area in that it is adjacent to rural residential
parcels and within a mile of two Town of Firestone subdivisions. The Town of Firestone engineer
stated that Zinnia Avenue is currently not paved and the Town currently has no plans to pave this
road. The Town does not object to the private internal development road being a gravel roadway
as stated in an electronic mail dated December 6, 2016. The applicant seeks to utilize gravel
roads having gravel shoulders (no sidewalks) for this four (4) parcel residential development. The
applicant is seeking a waiver of Section 27-2-20 requiring the internal road to be paved by the
Board of County Commissioners.
B. Section 27-6-120.B.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 II, Chapter 27 of the
Weld County Code.
Section 27-2-40. Bulk requirements - The applicant has chosen to adhere to the bulk
requirements of the E (Estate) Zone District for the four (4) residential lots with the exception that
not all parcels meet the 2.5 acre minimum lot size requirement. The applicant is seeking a waiver
of Section 23-3-440 requiring the minimum lot size of two and one-half (2.5) acres by the Board of
County Commissioners.
Section 27-2-60. Common Open Space. "Common open space is defined as any usable parcel
of land or water unimproved and set aside, dedicated, designated or reserved for public or private
use or for the use and enjoyment of owners or occupants of land adjoining or neighboring such
area. Common open space includes landscape areas that are not occupied by buildings or uses
such as storage or service areas, private courtyards, parking lots and islands. In all PUD districts,
except for those containing residential uses, common open space may include landscape
setbacks adjacent to roadways, where the setbacks are not utilized as parking or storage areas.
The amount and type of common open space provided in a PUD Zone District shall be
proportional to the intensity of the zone districts called for in the PUD or uses specified in the
application. Common open space shall be designed to be useful to the occupants and/or
residents of the PUD Zone District for recreational and scenic purposes. Common open space in
the PUD Zone District shall be owned and maintained in perpetuity by an organization
established specifically for such ownership and maintenance purposes."
The applicant is requesting a waiver from the 15% common open space allocation requirement
due to the number of parcels and large lot sizes and location of the proposed PUD. The two
existing subdivisions within the Town of Firestone, Homestead at Firestone to the east is a
planned unit development for 581 residences and three undefined open space parks and to the
west is the proposed 69 acre McHale subdivision with 18.7 acres of open space.
Given the proximity to the two subdivisions and location with the Firestone IGA boundary. Staff is
recommending that the 15% common open space be adhered to and provided for this
subdivision.
PUDZ17-0003
DZ 17-0003
Silver Mountain Estates PUD
Page 3
Section 27-2-190 defines urban scale development as developments in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries.
As previously stated there are two subdivisions within the Town of Firestone in close proximity
to this proposed development, and access onto a publicly maintained road is under the
jurisdiction of the Town. All urban scale developments shall pave the internal road systems of
the development. Urban scale development requires support services such as central water,
sewer systems, road networks, park and recreation facilities and programs, and storm
drainage.
C. Section 27-6-120.B.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 PUD site is located within the 3 -mile referral areas of the Towns of Frederick,
Firestone and Mead. The site is also located within the Cooperative Planning Agreement
boundary between Firestone and Weld County and Mead and Weld County. The Towns of
Frederick and Mead indicated no conflict with their interests in their referrals dated May 9, 2017
and June 13, 2017 respectively. The Town of Firestone in their referral dated June 20, 2017
requested additional right-of-way be dedicated for Zinnia Avenue (County Road 26), and an
access permit for access onto the same road and modifications to site engineering.
Staff has not received correspondence or telephone calls from any surrounding property owners
or interested persons.
D. Section 27-6-120.B.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 Department of Public Health and Environment, in their referral dated May 23, 2017, indicates
the application has satisfied Chapter 27 of the Weld County Code in regards to water service.
The Assistant Weld County Attorney has approved the water source of Central Weld County
Water District. A "will serve" letter from the District, dated February 26, 2016, was included in the
application.
The application has satisfied Chapter 27 of the Weld County Code in regards to sewer service.
Individual on -site wastewater treatment systems will provide sewer for the lots and a soils report
dated March 2017 from Mark Taylor was included with this application. Two profile pits were
completed which indicated three soil types for each pit. Engineered designed systems may be
required due to clay and sandy loam soils. Groundwater features were observed greater than 5
feet.
The Environmental Impact Plan (Section 27-6-30) adequately addresses all environmental
impacts.
E. Section 27-6-120.B.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.
PUDZ17-0003
DZ 17-0003
Silver Mountain Estates PUD
Page 4
Ingalls Street (County Road 17) and Zinnia Avenue (County Road 26) are owned and maintained
by the Town of Firestone. The municipality has jurisdiction over all accesses within their
jurisdiction. The Town is requesting an additional twenty (20) feet of right-of-way be dedicated on
both Ingalls Street (County Road 17) and Zinnia Avenue (County Road 26) for the applicant to
obtain an access permit onto Town of Firestone roads.
F. Section 27-6-120.B.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.
An Improvements Agreement is required prior to recording the Final map for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included for the internal development road.
G. Section 27-6-120.B.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 property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area, or
the Airport Overlay District. A referral response was received from the Colorado Geological
Survey dated June 5, 2017 indicating that construction of foundations and basements will follow
the recommendations made in the geotechnical reports and at time of construction lot specific
geotechnical investigations will be completed. The Colorado Geological Survey has no objection
for the 4 -lot residential subdivision as proposed.
Building Permits issued on the lot will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee Programs.
H. Section 27-6-120.6.B.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The applicant is requesting that this PUD be approved as a Specific Development Plan vs. a
Conceptual Development Plan. In the application and in subsequent conversations with the
applicant's representative, the applicant is requesting a waiver from the 15% common open
space requirement; the 2.5 acre minimum lot size and a waiver of pavement for the internal road.
Planning staff does not agree with the requested waiver for open space and requests the
applicant adhere to Section 27-2-60 specific to this Bulk Standards for this proposed development
located within an urbanizing area of Firestone and as recognized in the Coordinated Planning
Area for the Town.
Planning staff does not support the requested waiver for pavement of the internal subdivision
road as the subdivision is located within the CPA for Firestone and is adjacent to two proposed
residential developments.
Planning staff does support the requested waiver for the minimum parcel size.
The Department of Planning Services is recommending that this Change of Zone be approved as
a Specific Development Plan and that it be reviewed administratively at the final plat stage.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A) Agriculture to PUD with (E) Estate Zone District uses is conditional upon
the following:
PUDZ17-0003
DZ 17-0003
Silver Mountain Estates PUD
Page 5
1. Prior to recording the Change of Zone plat:
A. The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel. (Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. The plat shall be amended to include any possible
future drilling sites and/or setbacks. (Department of Planning Services)
C. The applicant shall address the requirements (concerns) of the Town of Firestone, as stated in
the referral response dated June 20, 2017. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall attempt to address the requirements (concerns) of Mountain View Fire and
Rescue, as stated in the referral response dated May 19, 2017. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The applicant shall attempt to address the requirements (concerns) of Lupton Meadows Ditch
Company, as stated in the referral response dated May 12, 2017. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
F. The Change of Zone plat shall be amended to include the following:
1. All sheets of the plat shall be labeled PUDZ17-0003. (Department of Planning Services)
2. The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat
per Section 23-2-690 of the Weld County Code. (Department of Planning Services)
3. All existing recorded easements shall be shall be shown and dimensioned on the Change of
Zone plat. (Department of Planning Services, Department of Public Works, Lupton Meadows
Ditch Company)
6. Show the approved Town of Firestone access on the site plan and label with the approved
access permit number if applicable. (Department of Public Works, Town of Firestone)
7. Zinnia Avenue (County Road 26) is owned and maintained by the Town of Firestone. The
applicant shall contact the Town to verify the existing and proposed rights -of -way.
(Department of Public Works)
8. Ingalls Street (County Road 17) is owned and maintained by the Town of Firestone. The
applicant shall contact the Town to verify the existing and proposed rights -of -way.
(Department of Public Works)
9. Setbacks radiuses from existing oil and gas wells and tank batteries shall be indicated.
(Department of Planning Services)
J. 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:
PUDZ17-0003
DZ 17-0003
Silver Mountain Estates PUD
Page 6
1. The site specific development plan is for a Change of Zone from (A) Agriculture to PUD for
four (4) Residential Lots with (E) Estate Zone District uses and subject and governed by the
Conditions of Approval stated hereon and all applicable Weld County Regulations.
(Department of Planning Services)
2. The Bulk Standards Requirement as delineated in Section 23-3-440, for Estate Zone District
shall be adhered to with the exception of the lots that will not meet the 2.5 acre minimum lot
size requirement. (Department of Planning Services)
3. Fifteen percent (15%) common open space will be provided on the Final Plan for Silver
Mountain Estates PUD.
4. Water service may be obtained from Central Weld County Water District. (Department of
Public Health and Environment)
5. The parcel is currently not served by a municipal sanitary sewer system. Sewage
disposal may be by septic systems designed in accordance with the regulations of the
Colorado Department of Public Health and Environment, Water Quality Control Division
and the Weld County Code in effect at the time of construction, repair, replacement, or
modification of the system. (Department of Public Health and Environment)
6. Activity or use on the surface of the ground over any part of the OWTS must be restricted
to that which shall allow the system to function as designed and which shall not contribute
to compaction of the soil or to structural loading detrimental to the structural integrity or
capability of the component to function as designed. (Department of Public Health and
Environment)
7. 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
Weld County Environmental Health Services, a fugitive dust control plan must be
submitted. (Department of Public Health and Environment)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
9. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services -Engineer)
10. The property owner shall control noxious weeds on the site. (Department of Public Works)
11. The interior roadway will be maintained by the Silver Mountain Estates HOA. (Department of
Planning Services)
12. A Homeowner's Association shall be established prior to the sale of any lot. Membership in
the Association is mandatory for each parcel owner. (Department of Planning Services)
13. Intersection sight distance triangles at the development entrance will be required.
(Department of Planning Services)
13. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code. (Department of Planning Services)
14. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and
requirements of the service providers. (Department of Planning Services)
15. No grading permits will be issued for this project with out submission and Weld County
approval of erosion control and sediment control plans prepared, stamped and signed by a
professional engineer licensed to practice in Colorado. The applicant is notified that land
PUDZ17-0003
DZ 17-0003
Silver Mountain Estates PUD
Page 7
disturbance on one portion of this site may require construction of temporary or permanent
erosion control and sediment control best management practices on other portions of the site.
(Department of Planning Services)
16. Building permits shall be obtained prior to grading or the construction of any building or
structure. Building permits are also required for signs and structures such as bus shelters if
provided. (Department of Planning Services)
17. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Two complete sets of plans are required when applying for each permit.
Commercial building plans require a Code Analysis Data Sheet, provided by the Department
of Building Department. Residential building plans may be required to bear the wet stamp of
a Colorado registered architect or engineer. (Department of Planning Services)
18. New buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2012
International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A
Building Permit Application must be completed and two (2) complete sets of engineered
plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. (Department of Planning Services)
19. Each residential building will require an engineered foundation based on a site -specific geo-
technical report or an "open hole" inspection conducted by a Colorado Registered
Professional Engineer. Engineered foundations shall be designed by a Colorado
Professional Engineer registered in the State of Colorado. (Department of Planning Services)
20. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code. (Department of Planning Services)
21. Building height shall be measured in accordance with the 2012 International 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
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code to determine compliance with offset and setback requirements.
Offset and setbacks are measured from the farthest projection from the building. Property
lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection. (Department of Planning Services)
22. 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)
23. Personnel from Weld County Government 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)
24. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning Services,
and adopted Weld County Code and Policies. (Department of Planning Services)
25. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to
submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not
submitted within three (3) years of the date of the approval of the PUD Zone District, the
Board of County Commissioners shall require the landowner to appear before it and present
8
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)
26. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
27. No development activity shall commence on the property, nor shall any building permits be
issued, until the final plan has been approved and recorded. (Department of Planning
Services)
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural
gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources
because (a) the state's commercial mineral deposits are essential to the state's economy; (b)
the populous counties of the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated to avoid waste of such
deposits and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into
these areas must recognize the various impacts associated with this development. Often
times, mineral resource sites are fixed to their geographical and geophysical locations.
Moreover, these resources are protected property rights and mineral owners should be
afforded the opportunity to extract the mineral resource.
29. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -
run agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.5., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
9
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the
area to be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the County, and the distances which must be traveled
may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond
to emergencies. County gravel roads, no matter how often they are bladed, will not provide
the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
K. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one -hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance shall be added for
each additional three (3) month period. (Department of Planning Services)
L. 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 format is a projected ESRI shapefile
(.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS
1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file
may be sent to maps@co.weld.co us. (Department of Planning Services)
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August 14, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
LOCKMAN SHERI
36509 CR 41
EATON CO 80615
Subject: PUDZ17-0003 - A Change of Zone from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for four (4) residential lots with E (Estate) Zone District Uses
On parcel(s) of land described as:
Part of Lot B of RE -4884 being a part of the E2 NE4 of Section 5, T2N, R67W of the 6th P.M. Weld
County, Colorado of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 19, 2017, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 4,
2017 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
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 needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
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 and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
May 8, 2017
LOCKMAN SHERI
36509 CR 41
EATON CO 80615
Subject: PUDZ17-0003 - A Change of Zone from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for four (4) residential lots with E (Estate) Zone District Uses
On parcel(s) of land described as:
PART E2NE4 SECTION 5, T2N, R67W PART LOT B RE -4884 OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration 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 following Planning Departments for their review and comments:
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
Mead at Phone Number 970-535-4477
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
FIELD CHECK - PUDF17-0003
Inspection Date: August 31, 2017
Applicant: Richard L. Hein
Request: Change of Zone Request from the A (Agricultural) Zone District to PUD (Planned Unit
Development) for four (4) Residential Lots with Estate Zone District Uses
Legal: Part of Lot B of Recorded Exemption No. RE -4884 being a part of the E2 NE4 of Section 5,
Township 2 North, Range 67 West of the 6th P.M. Weld County, Colorado
Location: South of and adjacent to County Road 26; West of and adjacent to County Road 17
Parcel ID #: 1311-05-1-00-005
Acres: 11 +/-
Zoning
Land Use
N
Town of Firestone
N
Special Use Permit for a Gravel Mine - Varra Company
E
Town of Firestone
E
Undeveloped land in agricultural production w Oil and Gas
S
Agriculture
S
Undeveloped land in agricultural production w Oil and Gas
W
Agriculture
W
Rural Residence
Comments:
The property is vacant ground that historically appears to have been planted in corn. The site is fenced in
three strand barb wire adjacent to the north and east property lines. There is a ditch riders access road
and irrigation ditch adjacent to the south property line.
Adjacent roads are all-weather and are posted Town of Firestone. Utilities are overhead for electric and
underground for telephone and water. Visual inspection did not locate sanitary sewer or commercial
grade residential service natural gas.
Adjacent land uses include oil and gas encumbrances, including large tank farms to the north and south,
with production site located to the north, east and south. There is one rural residence located adjacent to
the west
Signature
❑ Ditch
Note any commercial business/commercial vehicles that are operating from the site. Vacant Land
Hello