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Home My WebLink About20080103.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Marilyn Taylor Case Number AMPZ-1035 C/O Red Baron Development Submitted or Prepared Prior to At Hearing Hearing t/ 1 Staff Comments X ,/ Department of Planning Services Field Check Form X / Planning Commissioner Field Check Form X V Letter to Applicant X V Affidavit of sign posting X Legal Notifications X / 2 Application X ✓ Maps X ,/ Deed/Easement Certificate X I Surrounding Property/Mineral Owners X Utilities X / 3 Referral List X Referrals without comment X • Weld County Zoning Compliance, referral dated August 27, 2007 X ✓ Town of Hudson, referral dated September 12, 2007 X v- State of Colorado, Division of Wildlife, referral dated September 20 ,2007 X v Hudson Fire Protection District, referral dated September 19,2007 X 4 Referrals with comments X Weld County Department of Building Inspection, referral dated September 14, 2007 X V Weld County Department of Public Health and Environment, referral dated October X 4, 2007 ✓ Weld County Department of Planning Services, Landscape, referral dated August X 28, 2007 State of Colorado, Division of Water Resources, referral dated August 30, 2007 X Weld County Department of Public Works, referral dated September 24,2007 X ,/ Weld County Cl ieriff's Offc,, referral dated August 30,2007 X Para./nee iG Sew I CO, 5-__._26-Eichibits-- X- 6--_ X I hereby certify that the twenty three items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing.I • Jacqueline Hat Planner EXHIBIT I A 2008-0103 1tu re r® 6 • LAND USE APPLICATION SUMMARY SHEET IIiBcPLANNED UNIT DEVELOPMENT AMENDED CHANGE OF ZONE COLORADO CASE NUMBER: AMPZ-1035 PLANNER: Jacqueline Hatch HEARING DATE: November 20, 2007 APPLICANT: Marilyn Taylor C/O Red Baron Development ADDRESS: 7507 County Road 39, Fort Lupton CO 80621 REQUEST: An Amended PUD Change of Zone from the E (Estate) Zone District to C-2 (General Commercial) Zone District uses for one lot within Red Baron Estates PUD LEGAL: Lot 7 of Red Baron Estates PUD Pt of the SE4 of Section 30, T2N, R65W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to County Road 39 and approximately 1 mile south of County Road 18 • ACRES: 4.473 +/- acres PARCEL # 1307 30 411007 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral dated August 27, 2007 • Town of Hudson, referral dated September 12, 2007 • State of Colorado, Division of Wildlife, referral dated September 20 ,2007 • Hudson Fire Protection District, referral dated September 19, 2007 • Weld County Department of Building Inspection, referral dated September 14, 2007 • Weld County Department of Public Health and Environment, referral dated October 4, 2007 • Weld County Department of Planning Services, Landscape, referral dated August 28, 2007 • State of Colorado, Division of Water Resources, referral dated August 30, 2007 • Weld County Department of Public Works, referral dated September 24, 2007 • Weld County Sheriff's Office, referral dated August 30, 2007 The Department of Planning Services' staff has not received responses from: • Airport Authority • Platte Valley Soil Conservation District • City of Fort Lupton • EXHIBIT Red Baron Estates PUD AMPZ-1035 Page 1 1 • / a / CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION Elk COLORADO CASE NUMBER: AMPZ-1035 PLANNER: Jacqueline Hatch HEARING DATE: November 20, 2007 APPLICANT: Marilyn Taylor C/O Red Baron Development ADDRESS: 7507 County Road 39, Fort Lupton CO 80621 REQUEST: An Amended PUD Change of Zone from the E (Estate) Zone District to C-2 (General Commercial) Zone District uses for one lot within Red Baron Estates PUD LEGAL: Lot 7 of Red Baron Estates PUD Pt of the SE4 of Section 30, T2N, R65W of the 6th P.M., Weld County, Colorado • LOCATION: West of and adjacent to County Road 39 and approximately 1 mile south of County Road 18 ACRES: 4.473 +/-acres PARCEL# 1307 30 411007 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 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 27-6-120.8.6.a - The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code. The proposed site is not influenced by an Inter-Governmental Agreement. The proposal is consistent with the aforementioned documents as follows: 1. Section 22-2-170.C.2 (C. Policy 3.2) — New commercial development should demonstrate compatibly with existing surrounding land use in terms of general use, building height, scale, density, traffic, dust and noise. The applicant is proposing a change of zoning from PUD E (Estate) to C-2 (General Commercial) • Red Baron Estates PUD AMPZ-1035 Page 2 for the purpose of relocating the Vintage Aero Flying Museum from the Platte Valley Airport to Lot 7 of Red Baron Estates PUD. Red Baron Estates PUD is a community designed for the owners of small airplanes and aeronautical enthusiasts. The Platte Valley Airport is located to the west and south of the site. 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 II, Chapter 27 of the Weld County Code. Section 27-2-20, Access standards — The Department of Public Works in their referral dated September 24, 2007, state that they will review the access and circulation at the time of Final Plat and Site Plan Review. Section 27-2-40, Bulk requirements — The applicant has chosen to adopt the bulk requirements of the C-2 (General Commercial)Zone District. The applicant has met the remaining performance standards as delineated in Section 27- 2-10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-220 of the Weld County Code. C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The subject property lies within the three mile referral area of the City of Fort Lupton and the Town of Hudson. The Town of Hudson indicated in their referral dated September 12, 2007 that they have no concerns with the application. The City of Fort Lupton did not respond to the referral request . indicating that they have no objections to the application. 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 the Weld County Code. The existing PUD is serviced by an individual well for water and an individual sewage disposal system will handle the effluent flow. The applicant has a well permit issued by the State of Colorado which permits the use of the water for a commercial use (well permit#65391-F). The Department of Public Health and Environment has indicated in a referral response dated October 4, 2007, that due to the number of people that are projected to patronize the museum, the well is expected to be deemed a public water system as defined in the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Therefore, the applicant should submit a plan review to the Drinking Water Section of the Water Quality Control Division of the Colorado Department of Public Health and Environment for the proposed water distribution system at the time of final plan. The Department of Public Health and Environment has a septic permit application that appears to meet all criteria for placement on the lot. They recommend that a second absorption field envelope be delineated on the lot at the time of Final Plan. 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 Department of Public Works in their referral dated September 24, 2007, state that they will review the access and circulation at the time of Final Plat and Site Plan Review. 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 • Red Baron Estates PUD AMPZ-1035 Page 3 Code as amended and a road improvements agreement is complete and has been • submitted, if applicable. The Department of Planning Services will require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Red Baron Estates PUD Lot 7 and all on-site improvements at the time of Final Plan and Site Plan Review. 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 site does not lie within any Overlay Districts. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 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. The Site Plan Review on site will be done concurrently with the Final Plan. This approval recommendation is based upon compliance with Chapter 27 requirements. • The Amended Change of Zone from the E (Estate) Zone District to C-2 (General Commercial) for Lot 7 within Red Baron Estates PUD is conditional upon the following: 1. Prior to recording the Amended Change of Zone plat: A. The applicant shall address the requirements (concerns) of Department of Public Works, as stated in the referral response dated September 24, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements (concerns) of Sheriff's Office, as stated in the referral response dated August 30, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall address the requirements (concerns) of Department of Public Health and Environment, as stated in the referral response dated October 4, 2007. 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 the State of Colorado Division of Water Resources, as stated in the referral response dated August 30, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall the requirements (concerns) of the Weld County Department of • Building Inspection, as stated in the referral response dated September 14, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) Red Baron Estates PUD AMPZ-1035 Page 4 • F. The applicant shall the requirements (concerns) of the Weld County Department of Planning Services, Landscape, as stated in the referral response dated August 28, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant must show evidence that the plan review process has been initiated with the Drinking water section of the Water Quality Control Division of the Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) H. Red Baron Estates PUD Covenants shall be amended to reflect that Lot 7 is zoned C- 2 (General Commercial). The covenants shall also include language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Departments of Public Health and Environment and Planning Services) The plat shall be amended to include the following: 1. All sheets of the plat shall be labeled AMPZ-1035. (Department of Planning Services) 2. The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat. The vicinity map shall be delineated at a scale of 1"-2000' and the • Site Plan shall be delineated at a scale of 1"-100' or 1"-200'. (Department of Planning Services) 3. Primary and secondary septic envelopes shall be located on Lot 7 to reflect the commercial size of the septic system (prior septic envelopes were sized and placed on the lot as part of the residential PUD review). All septic system envelopes must meet all setbacks. (Department of Public Health and Environment) 4. The applicant shall contact the Department of Public Works to verify the status of County Road 39 and shall be delineated on the plat. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and delineate them on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 5. Easements shall be shown on the Change of Zone plat in accordance with County standards (Section 24-7-60) and / or Utility Board recommendations. (Department of Public Works) 2. The Amended Change of Zone is conditional upon the following and that each shall be placed on the Amended Change of Zone plat as notes prior to recording: A. The site specific development plan is for a PUD Amended Change of Zone from the E (Estate) Zone District to C-2 (General Commercial) Zone District for one lot within Red Baron Estates PUD (Lot 7) and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning • Services) Red Baron Estates PUD AMPZ-1035 Page 5 B. Water service shall be obtained from the existing individual well (well permit #65391- • F). (Department of Public Health and Environment) C. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) D. Preservation and/or protection of the septic absorption field envelopes including activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) E. Adequate portable toilet facilities shall be provided during the annual special event. (Department of Public Health and Environment) F. A stormwater discharge permit may be required for a development/redevelopment/ construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) G. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) H. In accordance with the Regulations of the Colorado Air Quality Control Commission • any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) J. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Department of Public Health and Environment) K. The PUD must be in compliance at all times with the requirements of the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). (Department of Public Health and Environment) L. The Red Baron Development/Aviation Museum is regulated by the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). As such, once Red Baron Development/ Aviation Museum regularly serves a population of at least 25 people over 6 months of the year it is required to contact the Colorado Department of Public Health and Environment, Water Quality Control Division to activate the Red Baron Development/Aviation Museum Public Water System. (Department of Public Health and Environment) M. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) • Red Baron Estates PUD AMPZ-1035 Page 6 N. A Homeowner'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 along with the enforcement of covenants. Open space restrictions are permanent. (Department of Planning Services) O. The Home Owners Association shall be responsible for replacing all dead or dying plant material in the open space areas. (Department of Planning Services) P. Stop signs and street name signs will be required at all intersections. (Department of Public Works) Q. All signs including entrance signs shall require building permits. Signs shall adhere to Article 4 Division 2 and Appendix 23-C through 23-E of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) S. Building permits shall be obtained prior to the construction of any building or structure. Building permits are also required for signs and structures such as bus shelters if provided. (Department of Building Inspection) T. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) • U. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Building Code, 2003 International Residential Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) V. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) W. Prior to all new construction a letter of approval from the Hudson Fire Protection District shall be submitted to the Department of Building Inspection. (Department of Building Inspection) X. Building height shall be measured in accordance with the applicable 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 in order to determine compliance with offset and setback requirements. Off-set and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) Y. 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) • Z. Personnel from Weld County Government shall be granted access onto the property at Red Baron Estates PUD AMPZ-1035 Page 7 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) AA. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, Planning Services, and State and Federal agencies and the Weld County Code. (Department of Planning Services) AB. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. (Department of Planning Services) AC. No development activity shall commence on the property, nor shall any building permits be issued on the property until the Final Plan has been approved and recorded. (Department of Planning Services) AD. 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) AE. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 3. The Amended Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within thirty (30) days of approval by the Board of County Commissioners. With the Amended Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 4. At the time of Final Plan application submission: A. The applicant shall provide an updated Drainage Report and drawings that will provide retention and water quality for this lot to the Department of Public Works. This area can also be used for snow removal from the parking lot. Weld County has adopted the Urban Storm Drainage Criteria Manual with an Addendum written to address specific Weld County conditions and exceptions to the Urban Drainage Criteria. (Department of Public Works) B. The applicant shall provide a Grading and Erosion Control plan for this lot to the Department of Public Works. (Department of Public Works) • C. The applicant shall provide more information concerning the amount of traffic expected to occur due to the new zoning at this site to the Department of Public Works. The water Red Baron Estates PUD AMPZ-1035 Page 8 use report indicates that weekly events of 60-patrons are expected and once a year a • 600-patron event is scheduled. Provide a signage, striping and parking lot plan with hard surface ADA spaces complying with all standards of the Americans with Disability Act. The off-street parking spaces including access drive shall be surfaced with gravel, recycled asphalt, asphalt, concrete or equivalent. It shall be graded to prevent drainage problems. (Department of Public Works) D. The applicant shall clearly identify the location, length and width of access to this lot off Parks Lane to the Department of Public Works. (Department of Public Works) E. The Weld County Public Works Department is recommending that Lot 7 of the Red Baron Estates PUD escrow $3,600, the same amount as being escrowed by the Red Baron Estates PUD lot holders for stabilization of County Road 39. This escrow shall be required as part of this application. The original resolution associated with Red Baron recording number 3192870, recorded 06/25/2004, (Department of Public Works) F. Easements shall be shown in accordance with County standards (Section 24-7-60) and/or Utility Board recommendations. Intersection sight distance triangles at accesses/entrances will be required. All landscaping within the triangles must be less than 3%feet in height at maturity, and noted. (Department of Public Works) G. Easements shall be shown in accordance with County standards and/or Utility Board recommendations, and dimensioned on the Final Plat. (Department of Planning Services) H. The applicant shall submit an on-site (Private) Improvements Agreement with the Final Plat application that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code. (Department of Planning • Services) The applicant shall submit a time frame for construction in accordance to Section 27-2- 200 of the Weld County Code. (Department of Planning Services) J. The applicant shall submit covenants for Red Baron Estates PUD. The covenants shall be approved by the Weld County Attorney's Office prior to recording the final plat. (Departments of Public Health and Environment and Planning Services) K. All rights-of-way for proposed roadways must be dedicated on the final plat. (Department of Public Works) L. Improvements agreements (on-site and off-site) shall be approved by the BOCC prior to recording the final plat. (Department of Public Works) M. The applicant shall submit documentation of approval from the Colorado Department of Public Health and Environment, Water Quality Control Division of the plans submitted for the public drinking water system. If conditions for approval are stipulated by the Water Quality Control Division, the applicant shall also include how each condition will be addressed. (Department of Public Health and Environment) N. The well is expected to be deemed a Public Water System (serving a 25 people or more) as defined in the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). The applicant shall submit a plan review to the Drinking Water Section of the Water Quality Control Division of the Colorado Department of Public Health and Environment for the proposed water distribution system. The applicant should submit any response to any • review with the Final Plan application. (Department of Public Health and Environment) Red Baron Estates PUD AMPZ-1035 Page 9 • O. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Dept. of Planning Services) 5. Prior to construction: A. Stop signs and street name signs will be required at all intersections. (Department of Public Works) B. A letter of approval from the Hudson Fire Protection District shall be submitted to the Department of Building Inspection. (Department of Building Inspection) C. Construction plans for the utilities showing a water supply analysis indicating the available fire flow at the most demanding point in the water system. (Department of Planning Services) • • Red Baron Estates PUD AMPZ-1035 Page 10 • • DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR LONGMONT, COC 80504 PHONE: (720)652-4210, Ext. 8730 IFAX: (720) 652-4211 "ilk COLORADO August 27, 2007 Red Baron Development do Marilyn Taylor 7507 CR 39 Fort Lupton CO 80621 Subject: AMPZ-1035- Request for an Amended Change of Zone from the E(Estate)Zone District to C-2 (General Commercial) Zone District for one lot within Red Baron Estates PUD on a parcel of land described as Lot 7 of Red Baron Estates PUD, part of the SE4 of Section 30,T2N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for November 20, 2007, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, 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 earing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Fort Lupton and Hudson Planning Commission for their review and comments. Please call Fort Lupton at 303-857-6694 and Hudson at 303-536-9311 for further details regarding the date,time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Fort Lupton and Hudson Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right- of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectful' \\,.._\,„1/4._ q IiAL„ Hatch Banner • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS November 5, 2007 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR AMPZ-1035 IN THE A (AGRICULTURAL) ZONE DISTRICT. Jacqueline Hatch Name of Person Posting Sign —Jacqueline Hatch • Signatue of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of+ w l , 2007. WITNESS my hand and official seal. Notary Public My Commission Expires 10-14.2011 My Commission Expires: S • �E \ E...t> � c. ri \` c a ?�k'0 Z>. 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LOCATION: West of and adjacent to CR 39 and approximately 1 mile south if CR 18. LAND USE: v‘,�f�� if V �n r2 f (-'.9\sl 11 /pay_ L2tLl / h ZONING: N A (Agricultural) E A(Agricultural) • S A(Agricultural) W A(Agricultural) COMMENTS: ' U uk C CI 9 ( c, !LCe5-S I5 /r& C5 12.e AI 1P fu wCC. 3 / , (c rf7fvo-e.-1 ) P.C. Member • FIELD CHECK Inspection Date: 11/05/07 • APPLICANT: Marilyn Taylor C/O Red Baron Development CASE #: AMPZ-1035 REQUEST: An Amended Change of Zone from the E (Estate) Zone District to C-2 (General Commercial) Zone District for one lot within Red Baron Estates PUD LEGAL: Lot 7 of Red Baron Estates PUD Pt of the SE4 of Section 30, T2N, R65W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to CR 39 and approximately 1 mile south of CR 18 PARCEL ID #: 1307 30 411007 ACRES: 4.473 +/- Zoning Land Use N PUD - Estate N PUD - Estate E Agricultural E Agricultural S PUD - Estate S PUD - Estate W PUD - Estate W PUD - Estate Comments: • Two existing structures on site Once access off of internal road Sign on building and directional signs on property Parking defined by RR ties Signature o House(s) o Derelict Vehicles ❑ Outbuilding(s) o Non-commercial junkyard (list components) ❑ Access to Property o Irrigation Sprinkler ❑ Crop Productions o Crops ❑ Site Distance o Wetlands o Mobile Home(s) ❑ Oil & Gas Structures ❑ Other Animals On-Site o Wildlife o Water Bodies ❑ Utilities On-Site (transmission lines) • o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site Hello