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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' 10/14..2'' v>.•..,.Q t_ . . My Commission Expires: S •e llr .... r& —rY - - �' r L jI4 NOTICE ri i�.A0PUBL HERRING CONCERNING COLORADO THIS_ PROPERTY WILL BE HELD AT: �j �"�gC.fME.VT' �� �41.v.� sYIV�(�� �X�9/8 Icy- Sncerr et% Co 4043'y ON r'/ARu•+ 6 , 2007 AT it 30 NAME -/k4 PA�- Lose "The Er..-nets -Pot" - C-pa g sF REQUEST 20_• L.M Acr,zvL..._ - 'Pop rs< TRCY &TA Win £AMT' 2.-F yin CASE NO. -P2- // i& 2Y " ACRES • 1 FOR MORE INFORMATION CALL f WELD COUNTY DEPARTMENT OF J• •' PLANNING SERVICES AT • p ;`;ii _i (970)353-6100 ext. 3540 Ir f .1 r / r r"r t' v , Ill -- i ,� ,;ti. a `+ �r •. , qtr$ : , • I Jet = � .} :, . . r� 02 / 16/2007 , . l� Li • i. • v ..�rl i 4 . ' � r , P t ., G1'pt rh3 fir/.. 5r � 1b�f f ?' Y II Cor ___ j . • 02/ 16 / 2007 y, r - Sift _ - — _ �. ,p t�- !w"--- Y . / • . 4 - - �. , Shill /' �• ,C` _ ` - --I- ••••41 T AY: ..or s -�. .. 'ti . r r y_ lir -j _ •i , - -Se -". I I_/ • .44 __ _______ -a�":Z......-- „..._:_+w,v _ _ __ __ _ , _ _ .•� mow . _ __ __ _ _ • y y ._ _ -..t.. 02 / 16 / 2007 _ _ - 4!•=e402----.4.:214. - ,_ 02 / 16 / 2007 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. Hello