Loading...
HomeMy WebLinkAbout20061512.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Tom Radigan Case Number PZ-1097 Change of Zone: Keller Estates PUD Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form- Ogle X Planning Commissioner Spitzer Field Check Form Letter to Applicant X Affadavit of sign posting X Legal Notifications X 2 Application X Maps X Surrounding Property/Mineral Owners X Utilities X N 3 Referral List X 4 Referrals without comment Town of Berthoud, referral received 1-5-2006 X City of Longmont, referral received 1-6-2006 X Referrals with comments 5 Weld County Sheriff's Office, referral received 11-16-2005; 1-26-2006 X 6 Weld County School District RE-1J, referral received 12-16-2005, 1-26-2006 X 7 Weld County Code Compliance, referral received 1-3-2006 X 8 St. Vrain Sanitation, referral received 1-6-2006 X 9 Boulder Valley/Longmont Soil Conservation District, referral received 1- X 10-2006 10 Berthoud Fire Protection District, referral received 1-11-2006 X 11 Colorado Division of Water Resources, referral received 1-19-2006 X 12 Weld County Department of Building Inspection, referrals received 1-20- X 2006 13 Weld County Department of Public Works, referral received 1-23-2006 X 14 Weld County Department of Public Health & Environment, referral received X 1-24-2006 15 Colorado Geologic Survey, unrequested referral received 1-26-2006 X 16 Colorado Division of Wildlife, referral received 1-26-2006 EXHIBIT 17 Town of Mead, referral received 2-15-2006 2006-1512 'Pa #1097 PC Exhibits I hereby certify that the 17 items identified herein were submitted,to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Kim Ogle ❖ ner ‘&1(\r/ Zic LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: PZ-1097 HEARING DATE: March 21, 2006 PLANNER: Kim Ogle APPLICANT: Breakneck Weld Properties, LLC ADDRESS: do Tom Radigan, PO Box 894, Wheatridge CO 80034 REQUEST: Change of Zone from A(Agriculture)to PUD for 9 lots with E(Estate)Zone Uses and oil and gas production. (Keller Estates) LEGAL N2NW4 of Section 6, Township 3 North, Range 68 West of the 6th P.M.,Weld County, Colorado LOCATION: East of and adjacent to County Road 1;south of and adjacent to County Road 38 Section Line ACRES: 80+/- PARCEL NUMBER: 1207 06 00004 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County Code as follows The Department of Planning Services'staff has received responses from the following agencies: • Weld County Sheriff's Office, referral received 11-16-2005; 1-26-2006 • Weld County School District RE-1J, referral received 12-16-2005, 1-26-2006 • Weld County Code Compliance, referral received 1-3-2006 • Town of Berthoud, referral received 1-5-2006 • City of Longmont, referral received 1-6-2006 • St. Vrain Sanitation, referral received 1-6-2006 • Boulder Valley/ Longmont Soil Conservation District, referral received 1-10-2006 • Berthoud Fire Protection District, referral received 1-11-2006 • Colorado Division of Water Resources, referral received 1-19-2006 • Weld County Department of Building Inspection, referrals received 1-20-2006 • Weld County Department of Public Works, referral received 1-23-2006 • Weld County Department of Public Health & Environment, referral received 1-24-2006 • Colorado Division of Wildlife, referral received 1-26-2006 • Colorado Geologic Survey, unrequested referral received 1-26-2006 • Town of Mead, referral received 2-15-2006 The Department of Planning Services' staff has not received responses from the following agencies: • Boulder County • New Ish Ditch Company Little Thompson Water District EXHIBIT PZ-1097--Keller Estates PUD, Page 1 f CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: PZ-1097 HEARING DATE: March 21, 2006 PLANNER: Kim Ogle APPLICANT: Breakneck Weld Properties, LLC ADDRESS: c/o Tom Radigan, PO Box 894, Wheatridge CO 80034 REQUEST: Change of Zone from A(Agriculture)to PUD for 9 lots with E(Estate)Zone Uses and oil and gas production. (Keller Estates) LEGAL N2NW4 of Section 6, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 1;south of and adjacent to County Road 38 Section Line ACRES: 80+/- PARCEL NUMBER: 1207 06 00004 THE DEPARTMENT OF PLANNING SERWOES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 26-5-30 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 proposal is consistent with the aforementioned documents as follows: 1) Section 22-3-50.B.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 Little Thompson Water District and Individual Sewage Disposal Systems will handle the effluent flow. B. Section 27-6-120.6.6.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. The applicant has met the performance standards as delineated in Section 27-2-10. PZ-1097--Keller Estates PUD 2 C. Section 27-6-120.8.6.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 within the three mile referral area for the Towns of Berthoud, Mead, City of Longmont and Boulder County. The Town of Berthoud and the City of Longmont indicated no conflict with their interests in referral response. The Town of Mead "...objects to the County considering this as an unincorporated subdivision and wants the applicant referred to the Town for annexation." Boulder County did not return a referral. D. Section 27-6-120.8.6.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 ll the Weld County Code. The proposed PUD will be serviced by Little Thompson Water District and Individual Sewage Disposal Systems will handle the effluent flow. "The preliminary percolation data conducted byTerracon and dated November 8,2005 indicates that most if not all of the site will be engineer design systems due to shallow bedrock(2 to 7 feet) and/or because of poor percolation rates (34 to 480 minutes per inch). The applicant has designated 2 acre building envelopes on each site and the primary and secondary septic envelopes will be placed within this 2 acres. This is acceptable; however, they have not been designated on the proposed Change of Zone plat submitted in the application. The engineer estimates the envelope sizes to be between 2600 and 5300 square feet." The Ish Ditch bisects the proposed Lot 6; there are also small unlined ditches on the property, the status of which are unknown at this time. All primary and secondary septic envelopes must meet the 50 foot setback from ditches on the property (a regulation change since the last comments). The applicant has indicated that they will place language in the covenants protecting the septic envelopes as requested. The covenants should state that activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the designated absorption field envelope. E. Section 27-6-120.8.6.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 Weld County Department of Public Works has not required improvements to County Road 1. F. Section 27-6-120.6.6.f-An off-site road improvements agreement and an on-site improvements agreement proposal are 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. Conditions of approval ensure that the applicant will complete an on-site(Public) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code, prior to recording the Final plat. G. Section 27-6-120.8.6.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 an overlay district. The Weld County Department of Building Inspection has indicated that 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. 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. Effective August 1,2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. PZ-1097--Keller Estates PUD, Page 3 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 has not requested an Administrative Review of the Final Plat,however, if approved by the Board of County Commissioners, staff will support an Administrative Review. This approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from A (Agricultural) to PUD for nine(9)residential lots is conditional upon the following: 1. Prior to scheduling the Board of County Commissioners hearing: A. The applicant shall submit to the Department of Planning Services a copy of an agreement with the Ish Ditch Company granting approval of the pedestrian bridge crossing this ditch. (Department of Planning Services) B. The applicant shall submit to the Department of Planning Services a copy of an agreement with the members receiving water from the Supply Irrigation easement and said Company granting approval of the irrigation easement. (Department of Planning Services) 2. Prior to recording the Change of Zone plat: A. The plat shall be amended as follows: r 1) All sheets of the plat shall be labeled PZ-1097. (Department of Planning Services) 2) The applicant shall submit evidence that the following requirements have been satisfied to the satisfaction of the Weld County Department of Public Works: A. County Road 1 is classified by the County as a collector road (Weld County Roadway Classification Plan, June 2002) adjacent to the proposed development requiring an 80-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. (Department of Public Works) B. Internal roads shall meet Weld County criteria for a PUD. The internal roadway 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. The typical section of interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat. The cul-de-sac edge of pavement radius shall be fifty (50) feet. Stop signs and street name signs will be required at all intersections. Roadside drainage shall be contained within the right-of-way.The change of zone plat shall be amended to include the typical roadway cross-section, and resubmitted to Public Works. (Department of Public Works) C. The typical roadway section shown on the change-of-zone plat must be amended to show the 8" Aggregate Base Course as recommended in the Geotechnical Engineering Report. The report also suggests 4"of asphalt pavement for the typical roadway section. (Department of Public Works) PZ-1097--Keller Estates PUD, Page 4 D. All Easements and rights-of-way for all known service providers shall be shown in accordance with County standards(Section 24-7-60). (Department of Public Works) 3) An outlot shall be created so that the development sign can be on property owned and maintained by the Homeowners Association. (Department of Planning Services) 4) The plat shall indicate the location of the development sign and verify that the required ten (10)foot setback from the road right of way can be met. (Department of Planning Services) 5) The applicant shall submit evidence that the school and postal district have approved the locations for the pedestrian shelter and mailbox. (Department of Planning Services) 6) The Plat Certificates shall be amended in accordance with Appendix 26-P of the Weld County Code. (Department of Planning Services) 7) The Change of Zone Map shall be done to a commonly recognized scale such as 1"=100 feet. (Department of Planning Services) 8) The Change of Zone plat shall have one vicinity map which is in accordance with Section 27-9-10.1 of the Weld County Code. (Department of Planning Services) 9) The building envelopes on proposed Lots 6 and 7 shall be reconfigure, if necessary, to specifically exclude all land within 100 feet of the Ish Ditch. (Colorado Geologic survey) B. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. 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 A(Agriculture)to PUD for 9 lots with E(Estate)Zone Uses and oil and gas production as indicated in the application materials on file in the Department of Planning Services. The residential lots will adhere to the uses allowed in the E (Estate) Zone District. The PUD will be subject to and governed by the Conditions of Approval stated herein and all applicable Weld County Regulations. (Department of Planning Services) B. All landscaping within the site distance triangles must be less than 3%feet in height at maturity. (Department of Planning Services) C. 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. Open space restrictions are permanent. (Department of Planning Services) D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Departments of Planning Services and Public Health and Environment) E. Water service shall be obtained from Little Thompson Water District. (Department of Public Health and Environment) F. This subdivision 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. Septic systems shall be designed for site specific conditions including, but not limited to, shallow groundwater, bedrock, gravel and/or clay. (Department of Public Health and Environment) PZ-1097--Keller Estates PUD, Page 5 G. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setbacks, including the 100-foot setback to any well. (Department of Public Health and Environment) H. 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) I. All septic fields shall be located a minimum of 100 feet from streams, intermittent streams and irrigations ditches. (Colorado Geologic Survey) J. 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) K. 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) L. 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) M. 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) N. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways within sub- divisions which are not maintained or adopted by the County. (Sheriffs Office) O. Future oil and gas production facilities within this subdivision shall be fenced off in order to mitigate the potential for tampering. (Sheriffs Office) P. Building permits shall be obtained prior to the construction of any building. (Department of Building Inspection) Q. A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered engineer or architect. 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 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) PZ-1097--Keller Estates PUD, Page 6 T. 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. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) U. Prior to construction, property owners should contact the Berthoud Fire Protection Authority to determine if fire sprinkler systems will be required. (Department of Planning Services V. All signs including entrance signs shall require building permits.Signs shall adhere to Section 23- 4-80 and Section 23-4-110 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) W. 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) (Department of Planning Services) X. Effective August 1,2005, Building Permits issued on the proposed lots 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) (Department of Planning Services) Y. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) Z. 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) AA. Weld County personnel 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, and Planning Services, and adopted Weld County Code and Policies. (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 three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present 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) PZ-1097--Keller Estates PUD, Page 7 AE. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 4. 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) 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty(30)days from the date of the Board of County Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) 6. Prior to the submission of the Final Plat application materials: A. The applicant shall furnish to the Department of Public Works a pavement design prepared by a professional engineer. (Department of Public Works) B. The applicant shall furnish to the Department of Public Works stamped, signed and dated final plat drawings and roadway/ construction & grading plan drawings for preliminary review and approval. Construction details must be included. (Department of Public Works) C. The applicant shall furnish to the Department of Public Works a final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100- year storm developed condition while releasing the 5-year storm existing condition. The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. (Department of Public Works) The applicant shall confirm flow rates in the northwest corner of the property along County Road 1. (Department of Public Works) D. The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final plan application. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. (Department of Public Works) E. Final drainage construction and erosion control plans (conforming to the drainage report) stamped,signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with each final plan(phase)application. These plans(stormwater management plans) may be based on Urban Drainage methodology. (Department of Public Works) 7. At the time of Final Plan submission: A. The applicant shall submit an Improvements Agreements According to Policy Regarding Collateral For (on-site) Improvements with the final plan application. This agreement must be reviewed by County Staff and shall be approved by the Board of County Commissioners prior to recording the final plat. (Departments of Public Works and Planning Services) B. The applicant shall submit preliminary covenants for review by County staff.The covenants shall also address two items: language for the protection of septic envelopes; and the maintenance PZ-1097--Keller Estates PUD, Page 8 of roadways until such time that the County may accept maintenance as requested by the Weld County Sheriff's Office. (Departments of Public Health and Environment, Planning Services and Sheriff's Office) C. All copies of the final plan application shall include a copy of the proposed street name and addressing as indicated in the referral response from Lin Dodge, Building Technician, Weld County Building Inspection. (Department of Planning Services) D. The applicant shall include evidence in the final plan application that the appropriate postal district has reviewed the proposed addressing and interior street name. (Department of Planning Services) E. The applicant shall submit a detailed Landscape Plan for review and approval. (Department of Planning Services) F. Easements shall be shown on the final plat in accordance with County standards (Section 24-7-60) and /or Utility Board recommendations. (Department of Public Works) G. Intersection sight distance triangles at the development entrance(s) will be required. All landscaping within the triangles must be less than 31/2 feet in height at maturity,and noted on the final roadway plans. (Department of Public Works) H. 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) Final drainage construction and erosion control plans (conforming to the drainage report) stamped,signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with each final plan(phase)application. These plans(stormwater management plans) may be based on Urban Drainage methodology. (Department of Public Works) 7. Prior to recording the final plat: A. The applicant shall submit written evidence from School District RE-1J to the Department of Planning Services which indicates that all School District requirements have been met. (Department of Planning Services) B. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements(on site). The agreement shall be approved by the Board of County Commissioners. (Departments of Planning Services and Public Works) C. The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the state. (Department of Planning Services) D. The applicant shall submit a copy of a finalized Water Service Agreement between the applicant and Little Thompson Water District for service to the PUD.(Department of Planning Services and Division of Water Resources) E. Any abandoned septic system must comply with the Weld County Code Section 30-4-20(D).The applicant should contact the Department to update existing septic permits for those systems that have been abandoned (Department of Public Health and Environment) F. The applicant shall submit finalized covenants and the appropriate recording fee(currently$6 for the first page and $5 for each additional page) to the Department of Planning. (Department of Planning Services) PZ-1097--Keller Estates PUD, Page 9 G. 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). (Department of Planning Services) 8. Prior to release of collateral: A. The applicant shall submit evidence that ownership of the outlot(s) has been transferred to the Homeowners Association. (Department of Planning Services) PZ-1097--Keller Estates PUD, Page 10 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE fit; 91Y10Street GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 IFAX: (970)304-6498 SOUTHWEST4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 December 30, 2005 Breakneck Weld Properties do Tom Radigan PO Box 894 Wheatridge CO 80034 Subject: PZ-1097- Request for a Change of Zone from A(Agriculture)to PUD for 9 lots with E (Estate)Zone Uses on a parcel of land described as N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 21, 2006, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 4209 CR 24 '/z, 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 evised 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 Berthoud, Longmont and Mead Planning Commission for their review and comments. Please call Berthoud at 970-532-2643, Longmont at 303-651-8601 and Mead at 970-535-4477 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 Berthoud, Longmont and Mead 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. Respectfully, IL4Y (%1 Kim •.I: Planne PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS MARCH 3, 2006 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR A CHANGE OF ZONE FROM A (AGRICULTURE)TO PUD FOR 9 LOTS WITH E (ESTATE)ZONE USES AND OIL AND GAS PRODUCTION. (KELLER ESTATES) KIM OGLE Name of Person Posting Sign 9 Signa r: of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this 13 day of Gl , 2006. WITNESS my hand and official seal. I i 5a4-0Alf<ek/K/1-i rf` i el 49 Notary Public ,e „k ' My Commission Expires: aco e. O Cn�O Vin, f - I Aft NOTICE A51.A PUBLIC HEARING CONCERNING ..... �.u� THIS PROPERTY wesr \ iicEE HELD AT: • 4109 cry 2 ...85 toN > 85 faAohrr N , 20Gia � arm . NAME ` a 4 -1" m dn besi ►asPsivr6S • cw_ REQUEST �E tab q ,e, L - CASE NO. 1.21:10___ ___I FOR MORE INFORMATION r:� .'� WELD �.,, ti COUNTY DEPARTMENT OF •'� w PLANNING SERVICES AT ‘- (970 )353 -6100 ext. 3540 4 Lammor' dirt > ' d s� � t�.ti _ II 7 • ' ,. t4 ;I ff ' ... r tc. . . .6 1 , +,i . t A►ar : : °.�:wrzr y - ..y6 A 03 / 29 / 2006 V- P 'it, tato I . A/ii 1t 1: 11 II 03 / 29 / 2006 I Lig - af •' ' e `"�� ' �e ' g ' y • • t is W 3 A _ 03 / 29/2006 4 'ate , ',...1 � +�' n . 1ir �`al , IL), A ''e w ter- .„ ;; _`mil . 03 / 29 / 2005, ,firpripint - , .-- ---- 'pror iimed".. ,. • 1 '.- ligir - ..._ i - ell. e r . . r _ . _ _ -b v � s 03 / 29 / 2006 aP r 3k la r-� 1.- _4 '- .- . --� r - 03/29 / 2006 yIrtNV0 1 ic,, e . \a` ffll�' 18 . � AR ... r. . • der, —. •_._, 03 / 29 / 2006 FIELD CHECK inspection date: February 20, 2006 CASE NUMBER: PZ-1097 APPLICANT: Breakneck Weld Properties, LLC LEGAL DESCRIPTION: N2NW4 of Section 6, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 1; south of and adjacent to County Road 38 Section Line Zonina Land Use N A (Agricultural) N Agricultural/ Residential E A(Agricultural) E Agricultural S A(Agricultural) S Agricultural/ Residential W A(Agricultural) W Agricultural / Residential (Boulder County) COMMENTS: Visual inspection does not indicate the lands have been in recent production. There appears to be a foundation siting high on the ground relative to CR 1 which lies lower. Land slopes up to east. There is a ditch bisecting property in southeast quadrant. No improvements exist on site. CR 1 is a two lane paved road with medium to medium heavy traffic flow. Posted speed is 45 MPH. Good sight distance in both directions C'f Kirr e, Planner Hello