HomeMy WebLinkAbout20050640.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Sherry Lawley Case Number PZ-1043
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form
Letter to Applicant
Affidavit and photograph of sign posting
Legal Notifications
\, 2 Application X
Maps
Deed
° Surrounding Property/Mineral Owners
Utilities
3 Referral List X
Referrals with comment x
Colorado Division of Wildlife, referral received 11/4/2004 x
Weld County Department of Public Health &Environment, referral received x
11/4/2004
Weld County Building Inspection, referrals received 10/26/2004 x
Weld County Department of Public Works, referrals received 11/1/2004 and x
11/10/2004
Colorado Division of Water Resources, referral received 10/26/2004 x
Galeton Fire Protection District
Weld County Code Compliance, referral received 10/5/2004 x
West Greeley Soil Conservation District, referral received 10/12/2004 x
Weld County School District RE-2, referral received 10/12/2004 x
Colorado Geological Survey, referral received 7/24/2003 (Sketch Plan) x
Weld County Department of Planning Services, addressing, referral received x
11/16/2004
Nazarenus Ditch Company, referral received 11/22/2004 x
Weld County Sheriff's Office, referral received 11/19/2004 x
N 4 PC Exhibits
a Planning staff proposed amendments to staff comments x
b Applicants proposed change to 3.S X
As , 2005-0640
I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
,XSPia
Sheri Lockman❖ Planner II
‘litarm; LAND USE APPLICATION
SUMMARY SHEET
yule. PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
COLORADO
CASE NUMBER: PZ-1043 HEARING DATE: December 7, 2004
PLANNER: S. Lockman
APPLICANT: Sherry Lawley
ADDRESS: C/o Jeff Couch,TEAM Engineering, 3468 Shallow Pond Drive, Fort Collins, CO 80528-
7002
REQUEST: Change of Zone from A(Agricultural)to PUD for eight(8)lots with E(Estate)Zone uses.
(Lawley Estates)
LEGAL DESCRIPTION: Lot B RE-3581 being part of the SE4 Section 4, T6N, R64W of the 6th P.M.,
Weld County, Colorado
LOCATION: North of and adjacent to County Road 72 and west of and adjacent to County Road 55
ACRES: 114.29 +/- PARCEL NUMBER: 0801 04 000004
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 Department of Public Works, referrals received 11/1/2004 and 11/10/2004
• Weld County Building Inspection, referrals received 11/26/2004
• Weld County School District RE-2, referral received 10/12/2004
• Colorado Division of Wildlife, referral received 11/4/2004
• Colorado Division of Water Resources, referral received 10/26/2004
• West Greeley Soil Conservation District, referral received 10/12/2004
•
Weld County Code Compliance, referral received 10/5/2004
• Weld County Department of Public Health & Environment, referral received 11/4/2004
• Colorado Geological Survey, referral received 7/24/2003 (Sketch Plan)
• Weld County Department of Planning Services, addressing, referral received 11/16/2004
The Department of Planning Services' staff has not received responses from the following agencies:
• Galeton Fire Protection District
• Nazarenous Ditch Company
EXHIBIT
Lawley Estates PUD 1
CHANGE OF ZONE
T7 ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: PZ-1043 HEARING DATE: December 7, 2004
PLANNER: S. Lockman
APPLICANT: Sherry Lawley
ADDRESS: C/o Jeff Couch,TEAM Engineering, 3468 Shallow Pond Drive, Fort Collins, CO 80528-
7002
REQUEST: Change of Zone from A(Agricultural)to PUD for eight(8)lots with E(Estate)Zone uses.
(Lawley Estates)
LEGAL DESCRIPTION: Lot B RE-3581 being part of the SE4 Section 4, T6N, R64W of the 6th P.M.,
Weld County, Colorado
LOCATION: North of and adjacent to County Road 72 and west of and adjacent to County Road 55
ACRES: 114.29 +/- PARCEL NUMBER: 0801 04 000004
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 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 proposed site is not within the three mile
referral area of any municipality. The proposal is consistent with the aforementioned documents
as follows:
1) 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 and Individual sewage
disposal systems will handle the effluent flow. In a referral dated November 2,2004,Weld
County Department of Public Health and Environment has indicated that the application
has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service.
B. Section 27-6-120.6.b- The uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the
Weld County Code.
Section 27-2-20, Access standards — "All PUD developments will be served by an internally
Lawley Estates PUD 2
paved road system according to County standards. An exception to paving may be granted by
the Director of Public Works for residential PUDs of nine (9) lots or less located in nonurban
areas as defined in Chapter 22 of the Weld County Code, when the PUD is not located within
close proximity to other PUDS, subdivisions and municipal boundaries, and when access to the
PUD is not from a public road which is paved or will be paved within a year of approval of the
PUD." In a referral dated November 9, 2004 the Department of Public Works has indicated that
they have accepted the applicants proposal to utilize a gravel interior road.
Section 27-2-40, Bulk requirements—The application indicated that the all lots shall adhere to
the bulk requirements of the E(Estate)Zone District. Lot 5,which is proposed to be 78.81 acres,
will vary from the maximum twenty(20) acre lot size allowed in the 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 27-2-210 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 within the three mile referral area for any
municipality.
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 II the Weld
County Code. The proposed PUD will be serviced by North Weld County Water District and
Individual Sewage Disposal Systems will handle the effluent flow. In a referral dated November
2, 2004, Weld County Department of Public Health and Environment has indicated 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. In a referral dated November 1,
2004 the Weld County Department of Public Works has indicated that this development will
introduce additional vehicle trips to the roadway system. This increased level of traffic on
unpaved roads creates fugitive dust and surface maintenance problems. The Department of
Public Works has required the applicant to enter into an agreement with the County to
proportionately share the cost of paving. The cost will be based on a proportion of the traffic
generated by the development to existing(background)traffic on County Road 55 between State
Highway 392 and County Road 74, which connects to paved roadways.
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.
Conditions of approval ensure that the applicant will complete an on-site(Private)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 27-6-120.6.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 Colorado Geological Survey indicated
concerns with soil compositions on the site affecting foundations and roadways. As
recommended by the Colorado Geological Survey, conditions have been included which insure
site-specific engineering investigations for foundations and a separate geotechnical investigation
for the design of the roadway and cul-de-sac. The Colorado Geological Survey also indicated
Lawley Estates PUD 3
concerns with the possibility that coal beds in the Laramie Formation could de-gas over time if
they are penetrated and exposed by a house foundation.As recommended,venting systems will
be required in foundation plans or an engineer will be required to monitor foundation excavations.
If coal is not encountered, venting may not be needed.
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.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A(Agricultural)to PUD for eight(8)lots with Estate Zone Uses is conditional
upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit evidence that all Division of Water Resources Concerns have been
addressed. (Department of Planning Services)
2. Prior to recording the Change of Zone plat:
A. The applicant shall submit a plan to the Colorado Division of Wildlife for the management of the
Black-tailed Prairie Dogs and Burrowing Owls on the site. Evidence of approval and a copy of the
approved plan shall be submitted to the Department of Planning Services. (Department of
Planning Services and Colorado Division of Wildlife)
B. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1043. (Department of Planning Services)
2) The appropriate signature blocks shall be delineated on the plat. (Department of Planning
Services)
3) The Weld County Roadway Classification Plan currently shows County Road 72 with a
classification as a local requiring a 60-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. If the right-of-way cannot be verified, it will be dedicated on the final
plat. County Road 72 is gravel adjacent to the proposed development and maintained by
the County. (Department of Public Works)
4) The Weld County Roadway Classification Plan currently shows County Road 55 with a
classification as a local requiring a 60-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. If the right-of-way cannot be verified, it will be dedicated on the final
plat. County Road 55 is a stabilized gravel base(2004)roadway adjacent to the proposed
development and maintained by the County. (Department of Public Works)
5) The applicant has proposed a school loading area and pedestrian shelter at the entrance
of the subdivision. The applicant shall submit evidence that School District RE-2 has
accepted the proposal. (Department of Planning Services)
6) The applicant has proposed a postal delivery unit at the entrance of the subdivision. The
applicant shall submit evidence that the appropriate postal district has accepted the
proposal. (Department of Planning Services)
Lawley Estates PUD 4
7) The plat shall indicate the appropriate setback from the oil and gas facilities on the site in
accordance with section 23-3-440.K of the Weld County Code. (Department of Planning
Services)
8) The PUD internal roadway right-of-way shall be 60-feet in width including cul-de-sacs with
65- foot radius, and dedicated to the public. The typical cross-section of interior road
should be shown as two 13-foot gravel lanes minimum on the change of zone plat. The
cul-de-sac edge of roadway radius must be 50-feet. (Department of Public Works)
C. 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(Agricultural)to PUD for eight
(8)residential lots as indicated in the application materials on file in the Department of Planning
Services.The lots will adhere to the uses allowed in the E (Estate)Zone District except Lot 5 will
vary from the maximum lot size allowed in the Estate Zone District. The PUD will be subject to
and governed by the Conditions of Approval stated hereon 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 Public Works)
C. A Home Owner'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.
(Department of Planning Services)
E. Water service shall be obtained from North Weld County Water District. (Department of Public
Health and Environment)
F. 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 Environment)
G. 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)
H. 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)
I. 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
Lawley Estates PUD 5
methods that are technologically feasible and economically reasonable in order to minimize dust
emissions. (Department of Public Health and Environment)
J. 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)
K. A separate building permit shall be obtained prior to the construction of any building.(Department
of Building Inspection)
L. A plan review is required for each building. Building plans may be require 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)
M. 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 Residential Code;2003
International Building Code; 2003 International Mechanical Code; 2003 International Plumbing
Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
N. 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 and Colorado Geological Survey)
O. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by Chapter 23 of the Weld County Code. (Department of Building Inspection)
P. Building height shall be measured in accordance with the 2003 International Building Code for
the purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the
Weld County Code in order to determine compliance with offset and setback requirements.
When measuring buildings to determine offset and setback requirements, buildings are
measured to the farthest projection from the building. Property lines shall be clearly identified and
all property pins shall be staked prior to the first site inspection. (Department of Building
Inspection)
Q. Coal beds in the Laramie Formation could de-gas over time if they are penetrated and exposed
by a house foundation.Venting systems shall be built into all of the foundations to account for all
potential radiation and coal-gas exposures or an engineer will be required to monitor foundation
excavations. If coal is not encountered,venting may not be needed. Should the homeowner not
build a venting system,a letter from a professional engineer shall be submitted to the Department
of Building Inspection indicating that coal was not encountered and the venting is not necessary.
(Colorado Geological Survey)
R. 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)
S. The property owner shall allow any mineral owner or lessee the right of ingress or egress for the
purposes of exploration development, completion, re-completion, re-entry, production and
maintenance operations associated with existing or future operations located on these lands.
(Department of Planning Services)
Lawley Estates PUD 6
T. Potential Purchasers are hereby notified that numerous confined animal feeding operations are
located in the area. 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.
(Department of Planning Services)
U. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
V. 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)
W. 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)
X. 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)
Y. 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)
Z. 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)
AA. 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. At the time of Final Plan submission:
A. The applicant shall submit Improvements Agreements According to Policy Regarding Collateral
For Improvements with the final plan application. These agreements must be reviewed by County
Staff and shall be approved by the BOCC prior to recording the final plat. (Departments of Public
Works and Planning Services)
B. This development will introduce additional vehicle trips to the roadway system. This increased
Lawley Estates PUD 7
level of traffic on unpaved roads creates fugitive dust and surface maintenance problems. The
applicant shall enter into an agreement with the County to proportionately share the cost of
paving. The cost will be based on a proportion of the traffic generated by the development to
existing (background)traffic on County Road 55 between State Highway 392 and County Road
74,which connect to paved roadways. The applicant shall submit a proposed off-site agreement
with the final plan. (Department of Public Works)
C. Stop signs and street name sign locations must be shown on the final roadway construction
plans. (Department of Public Works)
D. Intersection sight distance triangles at the development entrance will be required. 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)
E. 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 application) and
approval. Construction details must be included. (Department of Public Works)
F. The applicant has indicated that drainage will be directed to a detention pond then discharged
at historic rates into the Nazarenus Ditch.The applicant shall submit evidence that the Nazarenus
Ditch Company has approved discharge from the site into the Ditch. If approval is not obtained
from the Ditch Company, the Drainage Plan shall be amended. (Department of Planning
Services)
G. A final drainage report stamped, signed and dated by a professional engineer licensed in the
State of Colorado shall be submitted with the final plan application. 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.
(Department of Public Works)
H. 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)
I. The applicant shall prepare a construction detail for typical lot grading with respect to drainage
for the final 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)
J. 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 the final plan application. (Department of Public Works)
K. It is recommended that the final roadway plan include a geotechnical investigation for the design
of the roadway and cul-de-sac. (Colorado Geological Survey)
L. Easements shall be shown on the final plat in accordance with County standards and/or Utility
Board recommendations. (Department of Planning Services)
M. The applicant shall submit covenants for review and approval. The covenants shall address
concerns listed by the Colorado Division of Wildlife regarding the restriction of livestock to prevent
the loss of vegetative cover.The Covenants shall also address measures to prevent overgrazing
of pasture as no irrigation water is being proposed for the subdivision. Finalized covenants and
the appropriate fee shall be submitted for recording with the final mylar plats. (Department of
Lawley Estates PUD 8
Planning Services and the Colorado Division of Wildlife)
N. All signs including entrance signs shall require building permits.Signs shall adhere to Section 23-
4-80 of the Weld County Code.These requirements shall apply to all temporary and permanent
signs. (Department of Planning Services)
O. The applicant shall submit evidence to the Weld County Department of Planning Services with
the final plan application that all proposed street names and lot addresses have been submitted
to the Post Office for review. The final plan applications shall include copies of the proposed
street names and lot addresses for review by all referral agencies. (Department of Planning
Services
6. Prior to recording the final plat:
A. The applicant shall submit evidence to the Department of Planning Services that the required
School District cash in lieu of land dedication fee has been paid. (Department of Planning
Services)
B. The applicant shall enter into Improvements Agreements According to Policy Regarding
Collateral for Improvements. These agreements 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 North Weld County Water District for service to the PUD.(Department of Planning Services)
E. 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)
7. At time of building permit:
A. Coal beds in the Laramie Formation could de-gas over time if they are penetrated and exposed
by a house foundation.Venting systems shall be built into all of the foundations to account for all
potential radiation and coal-gas exposures or an engineer will be required to monitor foundation
excavations. If coal is not encountered,venting may not be needed. Should the homeowner not
build a venting system,a letter from a professional engineer shall be submitted to the Department
of Building Inspection indicating that coal was not encountered and the venting is not necessary.
(Colorado Geological Survey)
Lawley Estates PUD 9
Kit
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
91810th STREET
IliReGREELEY, COLORADO 80631
COLORADO
September 21, 2004
Sherry Lawley
c/o Jeff Couch
TEAM Engineering
3468 Shallow Pond Drive
Fort Collins CO 80528-7002
Subject: PZ-1043- Request for a Change of Zone from A (Agricultural) to PUD for 7 (seven) lots with E
(Estate) Zone uses and 1 (one) lot with A (Agricultural)Zone uses, Lawley Estates, on a parcel
of land described as Lot B. RE-3581; being part of the SE4 Section 4,T6N, R64W 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 December 7,2004, at 1:30 p.m. This meeting will
take place in the Hearing Room, Weld County Planning Department, 918 10th 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.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. 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,
Sheri Lockman
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS NOVEMBER 22, 2004. 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR PZ-1043 IN THE A (AGRICULTURAL) ZONE DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
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Signature of Person Posting Sign
STATE OF COLORADO
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COUNTY OF WELD ) , /V��/Q►6/
The foregoing instrument was subscribed and sworn to me thiay of , 2i3.
WITNESS my hand and official seal.
Notary Public
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IRIS PROPERTY Will RE REED AT: +*. ,. y - I . 'I
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FIELD CHECK inspection date: ///c2c/41
APPLICANT: Sherry Lawley CASE#: PZ-1043
REQUEST: Change of Zone from A(Agricultural)to PUD for 7 (seven)lots with E (Estate)Zone uses and 1
(one) lot with A(Agricultural)Zone uses. Lawley Estates
LEGAL: Lot B RE-3581 being part of the SE4 Section 4, T6N, R64W of the 6th P.M., Weld
County, CO
LOCATION: North of and adjacent to County Road 72 and west of and adjacent to County Road 55
PARCEL ID#: 0801 04 000004 ACRES: 114.29+1-
Zoning Land Use
N A (Agricultural) N 2tIc t11talapi- (/Li'
E A (Agricultural) E a 1 uaa.rz-±'
S A (Agricultural) S
W A (Agricultural) W An di, 4.47)
COMMENTS: 'A „caLlaz. 4 er ,2,,62 ,t1- Zt ,D Zd/twZ Lt
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Sheri Lockman , Planner II
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