HomeMy WebLinkAbout20071273.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Lone Tree Estates do Troy Case Number PZ-1116
Hauer
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
` Planning Commissioner Field Check Form
Letter to Applicant X
Affidavit of sign posting X
Legal Notifications X
• 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/ Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Weld County Zoning Compliance Officer, referral received January 4, 2007 X
Town of Eaton, referral received December 26, 2006 X
4 Referrals with comments X
Weld County Building Inspection, referral received January 26, 2007 X
Weld County Department of Public Health and Environment, referral received X
January 29, 2007
Weld County Department of Planning Services, Landscaping, referral received X
January 5, 2007
Weld County Department of Planning Services, Addressing, referral received X
January 26, 2007
West Greeley Soil Conservation District, referral received December 28, 2006 X
Eaton School District(RE-2), referral received January 15,2007 X
\ State of Colorado, Division of Wildlife, referral received January 12, 2007 X
Weld County Department of Public Works, referral received January 19, 2007 X
N Weld County Sheriff's Office, referral received February 25, 2007 X
5 PC Exhibits
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 Co my Commissioners hearing.
Jacqueline Hate 1 Planner
EXHIBIT
1
1� r
2007-1273
n
t.4 LAND USE APPLICATION
SUMMARY SHEET
hiDe PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
COLORADO
CASE NUMBER: PZ-1116 PLANNER: Jacqueline Hatch
HEARING DATE: March 6, 2007 continued to April 3, 2007
APPLICANT: Lone Tree Estates do Troy Hauer for A Better Job Inc.
ADDRESS: 38515 County Road 41, Eaton, CO 80615
REQUEST: Lone Tree Estates PUD, Change of Zone from the A (Agricultural) Zone District
to PUD for three (3) lots with (E) Estate Zone uses.
LEGAL: Lot C RE-3846; being part of the NW4 of Section 27, T7N, R65W of the 6th P.M.,
Weld County, Colorado
LOCATION: East of and adjacent to County Road 43 and approximately 1/2 mile north of
County Road 76.
ACRES: 24.7 +/- acres PARCEL#0709 27 200044
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance Officer, referral received January 4, 2007
• Town of Eaton, referral received December 26, 2006
• Weld County Building Inspection, referral received January 26, 2007
• Weld County Department of Public Health and Environment, referral received January 29, 2007
• Weld County Department of Planning Services, Landscaping, referral received January 5, 2007
• Weld County Department of Planning Services, Addressing, referral received January 26, 2007
• West Greeley Soil Conservation District, referral received December 28, 2006
• Eaton School District (RE-2), referral received January 15, 2007
• State of Colorado, Division of Wildlife, referral received January 12, 2007
• Weld County Department of Public Works, referral received January 19, 2007
• Weld County Sheriffs Office, referral received February 25, 2007
The Department of Planning Services' staff has not received responses from:
• United States Army Corps of Engineers
• Spring Creek Ditch Company
• North Weld County Water District
• Eaton Fire Protection District
Lone Tree Estates PUD PZ-1116 Page 1 EXHIBIT
*, CHANGE OF ZONE
P ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: PZ-1116 PLANNER: Jacqueline Hatch
HEARING DATE: March 6, 2007 continued to April 3, 2007
APPLICANT: Lone Tree Estates do Troy Hauer for A Better Job Inc.
ADDRESS: 38515 County Road 41, Eaton, CO 80615
REQUEST: Lone Tree Estates PUD, Change of Zone from the A (Agricultural) Zone District
to PUD for three (3) lots with (E) Estate Zone uses.
LEGAL: Lot C RE-3846; being part of the NW4 of Section 27, T7N, R65W of the 6th P.M.,
Weld County, Colorado
LOCATION: East of and adjacent to County Road 43 and approximately 1/2 mile north of
County Road 76.
ACRES: 24.7 +/- acres PARCEL#0709 27 200044
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 22-2-60.C (A. Goal 3) —Provide mechanism for the division of land which
is agriculturally zoned. Options for division shall be provided to ensure the
continuation of agricultural production and accommodate low intensity
development. Urban-scale residential, commercial and industrial development
will be discouraged in areas where adequate services and infrastructure are not
currently available or reasonably obtainable. The applicant is proposing a low
Lone Tree Estates PUD PZ-1116 Page 2
density residential development 3 lots on 24.7 acres. The minimum lot size is
6.719 acres with an overall density of one septic system per 8.2 acres which
does meet the current Department of Public Health and Environment policy.
2. Section 22-2-60.O (A. Goal 4) — Conversion of agricultural land to nonurban
residential, commercial, and industrial uses will be accommodated when the
subject site is in an area that can support such development. Such development
shall attempt to be compatible with the region. This goal is intended to address
conversion of agricultural land to nonurban uses. Once converted, this land is
less conducive to agricultural production. The proposed PUD will be serviced by
North Weld County Water District for potable water requirements. Fire protection
will be provided by sprinkler systems. Individual sewer disposal systems are
proposed to handle the effluent flow. The Department of Public Health and
Environment in their referral dated January 29, 2007, state the Geotechnical
Exploration Report by Two Rivers Testing dated February 2006 does not include
any preliminary percolation data. The lots are large and locating a septic system
on the lots is not anticipated to be a problem from a geotechnical standpoint;
however, portions of Lots 1 and 3 and all of Lot 2 are located within the boundary
of the 100 year flood plain. The majority of the property is located within the 100
year flood plain. Primary and secondary septic envelopes will be required to be
shown on the plat. The surrounding property consists of primarily agricultural
uses.
3. Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit Development which
includes a residential use should provide common open space free of buildings,
streets, driveways or parking areas. The common open space should be
designed and located to be easily accessible to all the residents of the project
and usable for open space and recreation. Some Planned Unit Developments
may not require common open space depending on their type, density, or other
factors. Lone Tree Estates is considered a non-urban scale development not
requiring any open space per Section 27-2-140 of the Weld County Code. The
proposal does not include any open space.
4. Section 22-2-210.D. 3. (PUD.Policy 4.3.) — Conservation of natural site features
such as topography, vegetation and water courses should be considered in the
project design. The site is primarily level with the Lone Tree Creek running along
the eastern edge of the property. The site is located in the flood plain as
delineated on Federal Emergency Management Agency FIRM Community Panel
Map 080266 0487 C dated September 28, 1982. Building and septic envelopes
shall be delineated on the plat.
5. Section 22-2-210.F. 1. (PUD.Policy 6.1.) -- The development should provide for
perpetual maintenance of all commonly shared land and facilities. The County
should not bear the expense or responsibility of maintenance for any commonly
shared land or facilities within the Planned Unit Development. The proposal
does not include any open space. The applicant is not proposing any school bus
shelter, mail kiosk or development sign.
6. Section 22-3-50.8.1, (P.Goal 2) "Require adequate facilities and services to
assure the health, safety and general welfare of the present and future residents
of the County." The proposed PUD will be serviced by North Weld County Water
District for potable water and fire protection will be provided by sprinkler system.
Individual Sewer Disposal Systems will handle the effluent flow.
Lone Tree Estates PUD PZ-1116 Page 3
B. Section 27-6-120.6.6 - 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 January 19, 2007, has recommended that the internal roadway be paved. The
applicant is proposing the cul-de-sac to approximately 60 feet. This will allow slightly
more than three vehicle lengths for staging. If agricultural equipment is proposed to
utilize the roadway for access the applicant should add approximately 25 feet to the cul-
de-sac in length.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate)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 proposed site is not influenced by
an Inter-Governmental Agreement. The site is located within the 3 mile referral area for
the Town of Eaton. The Town of Eaton in their referral dated December 26, 2006,
indicated they have reviewed the request and find no conflicts with their interests.
D. Section 27-6-120.6.d - That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance
Standards in Article 11 the Weld County Code. The proposed PUD will be serviced by
North Weld County Water District for potable water requirements. Fire protection will be
provided by sprinkler systems. Individual Sewer Disposal Systems are proposed to
handle the effluent flow. The County Attorney's Office has indicated that the agreements
submitted by the applicant are adequate for the Change of Zone. The Department of
Public Health and Environment has indicated in a referral response dated January 29,
2007, that the application has satisfied Chapter 27 of the Weld County Code in regard to
water and sewer service.
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 Public Works
Department has indicated in a referral response dated January 19, 2007 that County
Road 43 requires a 40 feet for future right-of-way.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable. The Department of Planning Services shall require an
Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County
Code for improvements to Lone Tree Estates PUD and all on-site improvements. The
Weld County Public Works Department has reviewed the proposal and has determined
that the internal road right-of-way shall be sixty (60) feet in width including cul-de-sacs
with a sixty five (65) foot radius, and dedicated to the public. Stop signs and street
names will be required at all intersections.
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 is located with
Lone Tree Estates PUD PZ-1116 Page 4
floodplain. All construction or improvements occurring in the flood plain as delineated on
Federal Emergency Management Agency FIRM Community Panel Map 080266 0487 C
dated September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all
applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 60.
No commercial mineral deposits have been noted. A Flood Hazard Development Permit
will be required prior to the issuance of a building permit.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses,
the specific or conceptual development guide. The submitted Specific Development
Guide does accurately reflect the performance standards and allowed uses described in
the proposed zone district, as described previously. The applicant is requesting that the
Final Plan be administratively reviewed. The Department of Planning Services' staff
concurs with this request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from the A (Agricultural) Zone District to PUD for three (3) lots with (E) Estate Zone
uses is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. 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. Drill envelopes can
be delineated on the plat in accordance with the State requirements as an attempt to
mitigate concerns. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
B. The applicant shall submit a detailed Signage Plan to the Department of Planning
Services. The sign shall comply with the sign code in Sections 23-4-60 through 23-4-120
including appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
C. The applicant shall address the requirements (concerns) of the West Greeley Soil
Conservation District, as stated in the referral response dated December 28, 2006.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements (concerns) of Department of Public Works,
as stated in the referral response dated January 19, 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 address the requirements (concerns) of Sheriff's Office, as stated in
the referral response dated February 25, 2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
F. The applicant shall address the requirements (concerns) of Department of Public Health
and Environment, as stated in the referral response dated January 29, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
G. The applicant shall attempt to address the requirements (concerns) of the State of
Colorado Division of Wildlife, as stated in the referral response dated January 12, 2007.
Lone Tree Estates PUD PZ-1116 Page 5
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
H. The applicant shall address the requirements (concerns) of the Eaton School District
(RE-2), as stated in the referral response dated January 15, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
The applicant shall the Eaton Fire Protection District to discuss any requirements
(concerns) they may have. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
J. The applicant shall be required to submit a re-vegetation plan of all disturbed areas
during construction. The plan shall include information regarding plant type, installation
methods and maintenance. (Department of Planning Services)
K. The applicant shall be required to provide written and graphic evidence from the school
district and post office that the proposed mailbox location and bus shelter plan meets
their design standards and delivery requirements for the mailbox facility and the proposed
school drop off/ pick up location shall be approved by the School District. Mailbox kiosks
and the bus shelter shall be located on an open space area owned and maintained by the
Homeowners Association. Written evidence of compliance with their standards and
requirements shall be submitted to the Department of Planning Services. Further,
evidence shall be provided that the facility meets the intent of the Americans with
Disabilities Act (ADA) for access. (Department of Planning Services)
L. If applicable, the applicant shall provide additional information pertaining to the entry sign
and plant materials, including common, botanical and species names, size at installation
and any additional information deemed necessary by the Landscape Architect, if any.
(Department of Planning Services)
M. The applicant shall address the issue of the turf / native and seed grasses in all open
space areas, if applicable. (Department of Planning Services)
N. The applicant shall address the requirements (concerns) of Department of Building
Inspection, as stated in the referral response dated January 26, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
O. The applicant shall address the requirements (concerns) of Department of Planning
Services, as stated in the referral response dated January 5, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
P. There seems to be a discrepancy between North Weld County Water District, Eaton Fire
District and the applicant regarding the water source for fire flow protection. Evidence of
adequate fire flow protection shall be submitted in writing to the Weld County Department
of Planning Services. (Department of Public Health and Environment)
Q. The applicant has identified a road name for the proposed development (Lone Tree
Circle). The applicant shall provide written evidence from all applicable service agencies
that the proposed name is in compliance with their identification/naming protocol.
(Department of Planning Services)
R. The plat shall be amended to include the following:
Lone Tree Estates PUD PZ-1116 Page 6
1. All sheets of the plat shall be labeled PZ-1116. (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 placed on Lots 1, 2 and 3
outside the boundary of the 100-year Floodplain. All septic system envelopes
must meet all setbacks, including the 100-foot setback to any well. (Department
of Public Health and Environment)
4. All building and septic envelopes shall be delineated on the Plat for Lots 1
through 3. (Department of Planning Services)
5. The applicant shall delineate a Landscape Legend and provide additional
information regarding the proposed plant material species. At a minimum, the
applicant shall identify existing on-site plant material delineated with a single dot
in the center of the circle and proposed additional plant material with a "+" in the
middle of each circle. (Department of Planning Services)
6. The placement of the School bus pullouts/shelters and mailbox kiosks shall be
shown on the Change of Zone plans in an openspace area maintained and
owned by the Homeowners Association. Final configuration and details of these
items shall be determined by the school district and postmaster. (Department of
Planning Services)
7. The applicant shall contact the Department of Public Works to verify the status of
County Road 43 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. If the right-of-
way cannot be verified, it shall be dedicated. This road is maintained by Weld
County. (Department of Public Works)
8. 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 Change of Zone is conditional upon the following and that each shall be placed on the
Change of Zone plat as notes prior to recording:
A. The site specific development plan is for a Change of Zone from the A(Agricultural)Zone
District to PUD for three (3) lots with (E) Estate Zone uses Lone Tree Estates PUD, as
indicated in the application materials on file in the Department of Planning Services and
subject and governed by the Conditions of Approval stated hereon and all applicable
Weld County Regulations. (Department of Planning Services)
B. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
C. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and
Lone Tree Estates PUD PZ-1116 Page 7
Environment)
D. Language for the preservation and/or protection of the absorption field envelopes shall be
placed in the development covenants. The covenants shall state that activities such as
permanent landscaping, structures, dirt mounds or other items are expressly prohibited in
the absorption field site. (Department of Public Health and Environment)
E. 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)
F. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request
of the Weld County Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order
to minimize dust emissions. (Department of Public Health and Environment)
H. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration, the responsible party shall prepare a fugitive dust control plan, submit
an air pollution emissions notice, and apply for a permit from the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
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)
J. The Home Owners Association shall be responsible for replacing all dead or dying plant
material in the open space areas. (Department of Planning Services)
K. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services & Department of Public Health and Environment)
L. Stop signs and street name signs will be required at all intersections. (Department of
Public Works)
M. 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)
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
O. 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)
P. Activities such as permanent landscaping, structures, dirt mounds or other items are
Lone Tree Estates PUD PZ-1116 Page 8
expressly prohibited in the septic absorption field site. (Department of Public Health and
Environment)
Q. 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)
R. 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)
S. 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)
T. Prior to all new construction a letter of approval from the Eaton Fire Protection District
shall be submitted to the Department of Building Inspection. (Department of Building
Inspection)
U. 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)
V. Any structure located inside the 100 year flood plain boundary will be required to get a
Flood Hazard Development Permit as well as a building permit. (Department of Building
Inspection)
W. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Lot(s) 1, 2 and 3 may not be able to
obtain building permits to construct non-agricultural structures. All construction or
improvements occurring in the flood plain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map 080266 0487 C dated September 28,
1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23,
Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and
requirements as described in 44 CFR parts 59 and 60. (Department of Planning
Services)
X. The installation of any septic system within the 100-year flood plain shall comply with the
Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S.
Regulations, no septic system shall be installed with in the floodway. (Department of
Public Health and Environment)
Y. Potential purchasers are hereby notified that a confined animal feeding operation is
located directly south of the proposed development. Off-site impacts that may be
encountered include noise from trucks, tractors and equipment; dust from animal pens
and odors from animal confinement, silage, and manure. (Departments of Planning
Services and Public Health and Environment)
Z. The property owner shall be responsible for compiling with the Performance Standards of
Lone Tree Estates PUD PZ-1116 Page 9
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
PA. 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)
AB. 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)
AC. 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)
AD. 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)
AE. 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)
AF. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of
the Weld County Code. (Department of Planning Services)
3. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within thirty (30) days of approval by the Board of County Commissioners. With the
Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with
the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
(Department of Planning Services)
4. At the time of Final Plan application submission:
A. Roadway and grading plans along with construction details will be required for the Final
Plat. (Department of Public Works)
B. Proposed building envelopes and grading to accommodate drainage shall be provided
with the final grading and drainage plans. (Department of Public Works)
C. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the Final Plat. (Department of Planning Services)
Lone Tree Estates PUD PZ-1116 Page 10
D. 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)
E. A final drainage report stamped, signed and dated by a professional engineer licensed in
the State of Colorado along with construction plans, conforming to the drainage report
shall be submitted with the final plat application for approval prior to recording the final
plat. The report shall address all issues indicated in the Weld County Department of
Public Works referral response dated January 19, 2007 (Department of Public Works)
F. The applicant shall provide written documentation to the Department of Planning
Services that any bus pullout area satisfies both Public Works and the School District.
The right-of-way will be dedicated on the Final Plat. (Departments of Planning Services)
G. Evidence shall be provided to Weld County Department of Planning Services from the
applicable Post Office stating that the proposed mailbox location meets their design
standards and delivery requirements. Should a single pedestal mail box not be the
preferred standard, written evidence from the applicable Post Office shall be provided
stating the contrary. (Department of Planning Services)
H. Additional information shall be submitted regarding the Bus Shelter. The information shall
include setbacks, road right-of-way encroachment, type of construction and foundation.
(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 subdivision street name and lot addresses shall be submitted to the Eaton Fire
Protection District, the Weld County Sheriff's Office, Ambulance provider, and the Post
Office for review. Written evidence of approval shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
K. The applicant shall address the requirements of Weld County School District RE-2 as
stated in the referral response dated January 15, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
L. The applicant shall submit covenants for Lone Tree 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)
M. All rights-of-way for proposed roadways must be dedicated on the final plat. (Department
of Public Works)
N. Improvements agreements (on-site and off-site) shall be approved by the BOCC prior to
recording the final plat. (Department of Public Works)
O. The applicant must provide a pavement design prepared by a professional engineer
along with the final plat submittal. (Department of Public Works)
P. The applicant shall show a typical cross section for all traffic circles on the roadway
plans. (Department of Public Works)
Lone Tree Estates PUD PZ-1116 Page 11
Q. Intersection sight distance triangles at the development entrance(s) will be required, and
shall be shown (labeled and dimensioned) to comply with AASHTO's "A Policy on the
Geometric Design of Highways and Streets" on final plan materials. All landscaping
within the triangles must be less than 3%feet in height at maturity, and noted on the final
roadway plans. (Department of Public Works)
R. The applicant shall submit to Public Works stamped, signed and dated final plat drawings
and roadway / construction & grading plan drawings for review with the final plan
application and approval. Construction details must be included. (Department of Public
Works)
S. Stop signs and street name signs will be required at all intersections and shown as a
signing plan on final roadway plans. The current edition of the Manual on Uniform Traffic
Control Devices (MUTCD)shall govern the signing plan. (Department of Public Works)
T. 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 Eaton 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)
Lone Tree Estates PUD PZ-1116 Page 12
4 DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
t 4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
' FAX: (720) 652-4211
COLORADO
December 18, 2006
Lone Tree Estates PUD
c/o Troy Hauer
38515CR41
Eaton CO 80615
Subject: PZ-1116 - Request for Lone Tree Estates PUD, Change of Zone from the A (Agricultural)Zone District to PUD
for three (3) lots with (E) Estate Zone uses on a parcel of land described as Lot C of RE-3846, part of the NW4
of Section 27, T7N, 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 March 6, 2007, at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 918 Tenth Street, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
rcevised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30
days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if
the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Eaton Planning Commission for their review and comments. Please
call Eaton at 970-454-3338 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 Eaton Planning Commission meeting to answer any questions the
Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of fifteen days prior to
the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will
be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is
the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respect
JacgLeli atch
Planner
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS Z.a f c e 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 OFPERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TENVFIFTEEN_0AYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR f ' , e', w . IN THE A
(AGRICULTURAL) ZONE DISTRICT.
v I tArc
Name of Person Posting Sign —Jacqueline Hatch
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD ) // � I (_ �
The foregoing instrument was subscribed and sworn to me this 110 day of k2 .kci c,.i ,
201. WITNESS my hand and official seal.
c
Notary Public V •
N'
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My Commission Expires:
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NOTICE ri i�.A0PUBL HERRING CONCERNING
COLORADO
THIS_ PROPERTY WILL BE HELD AT:
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FIELD CHECK Inspection Date: 2/16/07
APPLICANT: Lone Tree Estates do Troy Hauer
CASE #: PZ-1116
REQUEST: Lone Tree Estates PUD, Change of Zone from the A (Agricultural)Zone District to PUD
for three (3) lots with (E) Estate Zone uses.
LEGAL: Lot C RE-3846 Pt NW4 of Section 27, T7N, R65W of the 6th P.M., Weld County,
Colorado
LOCATION: East of and adjacent to County Road 43 and approximately '/z mile north of County
Road 76.
PARCEL ID#: 0709 27 200044 ACRES: 24.7 +/-
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
Vacant land
Level
Single family homes and agricultural uses in close proximity
Paved road
Signature
❑ House(s) ❑ Derelict Vehicles
❑ Outbuilding(s) ❑ Non-commercial junkyard (list components)
❑ Access to Property ❑ Irrigation Sprinkler
❑ Crop Productions ❑ Crops
❑ Site Distance ❑ Wetlands
❑ Mobile Home(s) ❑ Oil & Gas Structures
❑ Other Animals On-Site ❑ Wildlife
❑ Water Bodies ❑ Utilities On-Site (transmission lines)
❑ Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site.
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