HomeMy WebLinkAbout20040699 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Morris L. Quick and Mark E. Case Number PZ-1035
Holliday
Submitted or Prepared
Prior to At
Hearing Hearing
N 1 Staff Comments X
Request for administrative approval for Final Plan
` Department of Planning Services Field Check Form
Planning Commissioner Fitzgerald Field Check Form
Letter to Applicant
Affadavit of sign posting and photograph
Legal Notifications
`' 2 Application X
Maps
Deed
Surrounding Property/Mineral Owners
Utilities
Soil Survey
` 3 Referral List X
Referrals without comment
Town of Hudson Planning Commission, referral received 1/15/2004
City of Fort Lupton, referral received 1/12/2004
4 Referrals with comments X
Weld County Department of Public Works, referral received 12/30/2003
• Weld County Department of Public Health & Environment, referral received
1/22/2004
State of Colorado, Division of Water Resources, referrals received 1/12/2004 and
2/6/2004
Weld County Building Inspection, referral received 1/21/2004
Weld County Sheriff's Office, referral received 1/12/2004
Colorado Department of Transportation, referrals received 12/17/2003 and
2/2/2004
Weld County Code Compliance, referral received 12/11/2003
Weld County Department of Planning Services, addressing referral received
2/4/2004
EXHIBIT
2004-0699
5 Surrounding Property Owners/Mineral Owners- Letters ( f¢Qed tJI PC tiYiud,i4)
` E-mail dated 2/9/2004 from Mari Gillman, Calpine Corporation
E-mail dated 2/5/2004 from Dave Padgett, Patina Oil and Gas
E-mail dated 2/5/2004 from Lew Hagenlock, Duke Energy
6 Planning Commission Resolution
I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Sheri Lockman •:• Planner II
Mtfti4cli
LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
COLORADO
CASE NUMBER: PZ-1035 HEARING DATE: February 17, 2004
PLANNER: S Lockman
APPLICANT: Morris L. Quick and Mark E. Holliday
ADDRESS: do Marilyn Taylor, 7507 CR 39, Fort Lupton, CO 80621
REQUEST: Change of Zone from A (Agricultural) to PUD for eight (8) lots with Estate Zone Uses
along with and an 81.93 acre agricultural lot(Red Baron Estates)
LEGAL DESCRIPTION: E2 E2 NE4 Section 6,Ti N,and part SE4 Section 30,and part E2 E2 Section 31,
T2N, all in Range 65 West of the 6TH P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 39 and north of and adjacent to State Highway 52
ACRES: 123.5+/- PARCEL NUMBER: 1473 06 000017 & 1307 30 000024
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, referral received 12/30/2003
Weld County Sheriff's Office, referral received 1/12/2004
•
Weld County Department of Public Health & Environment, referral received 1/22/2004
• Weld County Building Inspection, referral received 1/21/2004
• State of Colorado, Division of Water Resources, referral received 1/12/2004 and 2/6/2004
• Weld County Code Compliance, referral received 12/11/2003
• Colorado Department of Transportation, referrals received 12/17/2003 and 2/2/2004
• Town of Hudson Planning Commission, referral received 1/15/2004
• City of Fort Lupton, referral received 1/12/2004
• Weld County Department of Planning Services, addressing referral received 2/4/2004
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Attorney's Office
• Hudson Fire Protection District
• Colorado Division of Wildlife
• Weld County School District RE-3
• Platte Valley Soil Conservation District
EXHIBIT
PZ-1035 Red Baron Estates PUD 1 1
fitti CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
Wilk.
COLORADO
CASE NUMBER: PZ-1035 HEARING DATE: February 17, 2004
PLANNER: S Lockman
APPLICANT: Morris L. Quick and Mark E. Holliday
ADDRESS: c/o Marilyn Taylor, 7507 CR 39, Fort Lupton, CO 80621
REQUEST: Change of Zone from A (Agricultural) to PUD for eight (8) lots with Estate Zone Uses
along with and an 81.93 acre agricultural lot(Red Baron Estates)
LEGAL DESCRIPTION: E2 E2 NE4 Section 6,Ti N,and part SE4 Section 30,and part E2 E2 Section 31,
T2N, all in Range 65 West of the 6TH P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 39 and north of and adjacent to State Highway 52
ACRES: 123.5+/- PARCEL NUMBER: 1473 06 000017 & 1307 30 000024
r
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.B.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 22-3-50.8.1, 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 individual wells for water and Individual sewage disposal
systems will handle the effluent flow. In a referral dated January 22, 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 sewer service.
The Office of the State Engineer, Division of Water Resources has indicated in a referral
dated February 6, 2004, that the proposed water supply is adequate to supply 0.54 acre-
foot of water per residence along with water to irrigate 5,000 square feet of lawn and
garden.
PZ-1035 Red Baron Estates PUD 2
2) Section 22-2-210.D, PUD.Goal 4 "Encourage creative approaches to land development
which will result in environments of district identity and character." The application
proposes a community designed for the owners of small airplanes. Platte Valley Airpark
PUD is adjacent to the site and homeowners will be utilizing the existing runway.
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 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District for the eight (8) residential lots. The applicant has
indicated an exception to the maximum size allowed for accessory buildings to ensure the
airplane hangars can be adequately sized. The combined gross floor area of all accessory
buildings shall not exceed eight percent (8%)of the total lot area, and in no case shall such an
accessory building exceed twice the gross floor area of the primary residence on the lot except
by variance.Outlot A shall adhere to the uses allowed in the A(Agricultural)Zone District except
no residential structures shall be allowed.
Section 27-2-60, Common open space—The applicant has included an eighty-acre agricultural
outlot which may be considered to meet the intent of the common open space requirement.
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 influenced by an Inter-Governmental Agreement. Both the City of Fort
Lupton and Town of Hudson are within a three mile referral area. Both indicated no conflict with
the proposal.
•
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 individual wells for water and Individual
Sewage Disposal Systems will handle the effluent flow. In a referral dated January 22, 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 sewer service.
The Office of the State Engineer, Division of Water Resources has indicated in a referral dated
February 6, 2004, that the proposed water supply is adequate to supply 0.54 acre-foot of water
per residence along with water to irrigate 5,000 square feet of lawn and garden.
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 Weld County Department of
Public Works has indicated that County Road 39 does not exist adjacent to this development in
the County's road inventory. County Road 39 is classified by the County as a local road and
requires a 60-foot right-of-way. The applicant proposed to dedicate a 30-foot right-of-way on the
final plat. The applicant will be required to build the full section of County Road 39 along the
frontage of the residential property lots(including Lot 8)and up to that portion of County Road 39
accepted by the County for maintenance. This is consistent with County policy that developments
provide improvements along the frontage of residential lots at a minimum. Without this policy,
there would be unimproved road segments along County roads that front development. A
PZ-1035 Red Baron Estates PUD 3
temporary gravel turn around will be allowed at the end of the pavement to the south of Lot 8.
The Weld County Department of Public Works has reviewed the proposal and has determined
that the typical roadway cross-section shown on the Street Plan & Profile is acceptable.
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.
At final plat the applicant is being required to enter into an agreement with the County to
proportionately share the cost of improving County Road 39 from the development up to County
Road 18. The cost will be based on a proportion of the traffic generated by the development to
existing traffic.The applicant is also required to enter into an Improvements Agreement and post
adequate collateral for onsite improvements.
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 Engineering Geology Report for Red Baron Estates,dated February 13,2003, indicates that
it is not be economical to mine this site.The applicant is required to submit a weed management
plan with the final plan application.
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)
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 supports this request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A(Agricultural)to PUD for Eight(8)residential lots and one(1)Agricultural
Outlot is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submit to the Weld County Department of Planning Services a signed copies
of an agreements with the properties mineral owners/lessees which stipulates that oil and gas
activities have been adequately incorporated into the design of the site and that mineral owners
concerns have been mitigated or the applicant shall submit evidence that the mineral owners
concerns have been addressed. (Department of Planning Services)
2. Prior to recording the Change of Zone plat:
A. The applicant will be required to build the full section of County Road 39 along the frontage of the
residential property lots (including Lot 8)and up to that portion of County Road 39 accepted by
the County for maintenance. The applicant must correct Sheet 2 of 7 and Sheet 7 of 7 for the
County Road 39 Plan Profile. Lot 9 is shown and there are only eight lots proposed for this
development. The asphalt and gravel portions of County Road 39 must be distinctly shown in
contrast on the roadway plans with given begin/end stations noted. The temporary turn around
at the end of County Road 39 must be shown and dimensioned on the roadway plans.
(Department of Public Works)
PZ-1035 Red Baron Estates PUD 4
B. The applicant shall submit a letter requesting the vacation or USR-768, for a recreational train
facility. (Department of Planning Services)
C. The plat shall be amended as follows:
1) All pages of the plat shall be labeled PZ-1035. (Department of Planning Services)
2) State Highway 52 requires an 100 feet north of the centerline. The applicant shall reserve
100 feet north of the centerline for right-of-way on the plat. (Colorado Department of
Transportation)
3) "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code
shall be placed on any recorded plat. (Departments of Public Health and Environment and
Planning Services)
4) The water cistern,taxiways and postal box shall all be located on open space.(Department
of Planning Services)
D. 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 and one (1)agricultural outlot as indicated in the application materials on file
in the Department of Planning Services. Lot 1 through 8 will adhere to the uses allowed in the E
(Estate)Zone District except the combined gross floor area of all accessory buildings shall not
exceed eight percent(8%)of the total lot area.And, in no case shall such an accessory building
exceed twice the gross floor area of the primary residence on the lot except by variance. Outlot
A shall adhere to the uses allowed in the A (Agricultural) Zone District except no residential
structures shall be allowed. 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. Animal units allowed on Lot 1 through, and including, Lot 8 lot may be further restricted by the
individual well permit. (Division of Water Resources)
C. Aircraft stored on the lots shall be limited to those owned and operated by the property owner.
(Department of Planning Services)
D. 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)
E. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
F. 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)
G. The Red Baron Estates Home Owners Association is responsible for ensuring that the 20,000
gallon water tank proposed for fire protection is full at all times. (Department of Planning
Services)
PZ-1035 Red Baron Estates PUD 5
H. Water service shall be obtained from individual wells. (Department of Public Health and
Environment)
I. Water in the Denver Basin Aquifers is allocated based on a 100-year aquifer life under the
provisions of C.R.S. 37-90-137(4)(b)(I).The economic life of a water supply based on wells in a
given Denver Basin aquifer may be less than the 100 year indicated due to anticipated water level
declines. (Division of Water Resources)
J. Should an alternative renewable water source be necessary in the future, it will be the sole
responsibility of the Home Owners Association to obtain. (Department of Planning Services)
K. A well permit approved by the State Engineers Office shall be sold with each residential lot.
(Department of Planning Services)
L. 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)
M. 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)
N. 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)
O. If required, the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt fences
shall be maintained on the down gradient portion of the site during all parts of the construction
phase of the project. (Department of Public Health and Environment)
P. 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 Department of Public Health and Environment, a fugitive dust control plan must be
submitted. (Department of Public Health and Environment)
Q. 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)
R. 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)
S. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways which have
not been adopted by the County for maintenance. (Sheriffs Office)
T. A separate building permit shall be obtained prior to the construction of any building. Structures
such as bus stops and entrance gates, if provided, require building permits. (Department of
Building Inspection)
PZ-1035 Red Baron Estates PUD 6
U. 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)
V. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 1997 Uniform Building
Code, 1998 International Mechanical Code, 1997 International Plumbing Code, 2002 National
Electrical Code and Chapter 29 of the Weld County Code. Weld County intends to adopt the
2003 International Building, Residential,Mechanical,Plumbing and Fuel Gas Codes on or about
March 1, 2004. (Department of Building Inspection)
W. 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)
X. Building height, protection of walls and openings and separation of buildings of mixed occupancy
shall be in accordance with the Building Code. Setback and offset distances shall be determined
by Chapter 23 of the Weld County Code. (Department of Building Inspection)
Y. 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)
Z. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
AA. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
BB. 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)
CC. The site shall maintain compliance at all times with the requirements of the Weld County
Government and the adopted Weld County Code and Policies.(Department of Planning Services)
DD. 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)
EE. 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)
PZ-1035 Red Baron Estates PUD 7
FF. 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 a set of sign standards as required by Section 27-6-90.E.1. of the
Weld County Code for review and approval. (Department of Planning Services, Sheriff's Office)
B. The applicant shall submit an on-site (Private) Improvements Agreement that addresses all
improvements associated with this development for review and approval. (Departments of
Planning Services and Public Works)
C. At final plat the applicant will be asked to enter into an agreement with the County to
proportionately share the cost of improving County Road 39 from the development up to County
Road 18. The cost will be based on a proportion of the traffic generated by the development to
existing traffic. The applicant shall submit a proposed off-site agreement with the final plan
application. (Department of Public Works)
D. The applicant shall submit to Public Works stamped, signed and dated final plat drawings.
(Department of Public Works)
E. In a letter included with the application, Weld Central School District indicated that they will
designate one location on either County Road 39 or State Highway 52 for a bus pick-up,and that
no specific accommodations will be necessary. At this time, County Road 39 does not reach
State Highway 52,therefore, this location is not an option.The applicant shall inform the school
district that a bus pick-up off of State Highway 52 is not an option. (Department of Planning
Services)
F. 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)
G. Easements shall be shown on the final plat in accordance with County standards(Sec.24-7-60)
and Utility Board recommendations. (Departments of Planning Services and Public Works)
H. 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. The final drainage report must include the following:
1) A map showing the drainage along the entire parcel(Outlot A)with respect to County Road
39 as discussed in the report. The locations of the proposed future culverts must be
shown and noted on this drainage map.
2) A topographical map showing the 'big-picture' drainage of the surrounding area of the
proposed development, outline(s)of off-site drainage basins influencing the building lots,
and associated calculations. The 5-year storm and 100-year storm drainage studies shall
take into consideration off-site flows both entering and leaving the development.
3) A description and consideration of roadside drainage along Parks Lane and County Road
39. Stormwater flow(s)off-site must not exceed the 5-year storm rates per County Code.
PZ-1035 Red Baron Estates PUD 8
4) 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.
5) 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)
I. 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 Hudson Fire Protection District, the Weld County Sheriff's Office, the Weld County
Ambulance Services Department and the Post Office for review and approval. The final plat shall
indicate an approved street name. (Department of Planning Services)
J. The preliminary covenants shall be amended as follows:
1) Section 6.8 shall 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 sites.
2) Section 6.1 indicates that intergenerational auxiliary quarters or guest suite will be allowed
within the accessory buildings or detached. No water is available to serve additional living
quarters.The covenants will be amended to indicate that the homeowners are allowed only
one(1)single-family dwelling unit.Accessory structures shall not be used on any basis as
a dwelling or as overnight or temporary housing for any person.
3) Section 7.5 states the owner must comply with the Weld County Zoning requirements for
maximum number of domestic animals of 1 per acre not to exceed 8 domestic animals per
lot. This is inaccurate.According to the Weld County Code,each lot would be allowed four
(4)household pets of one species or a total of seven (7)household pets of two(2)or more
species. Section 7.5 shall be amended accordingly. (Department of Planning Services)
K. The applicant shall submit 3 copies of the Bylaws and Articles of Incorporation for the
Homeowners Association for review and approval. (Department of Planning Services)
L. The applicant shall contact Ron Broda,Vegetation Weed Management Specialist with the Weld
County Public Works Department at(970)356-4000 ext 3770 to develop a weed management
plan.The approved plan shall be included in the Final Plan application. (Department of Planning
Services)
6. Prior to recording the final plat:
A. Original copies of the approved covenants and Bylaws and Articles of Incorporation for the
Homeowners Association along with the appropriate recording fee(currently$6 for the first page
and $5 for subsequent pages) shall be submitted to the Weld County Department of Planning
Services. (Department of Planning Services)
B. The applicant shall enter into an on-site 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)
PZ-1035 Red Baron Estates PUD 9
C. The applicant shall submit evidence that well, permit no. 34275-F, has been re-permitted in
accordance with the water supply plan. (Department of Planning Services)
D. 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. Prior to the release of building permits:
A. The applicant shall submit evidence to the Departments of Planning Services and Building
Inspection indicating that Duke Energy has quit claimed and released to the record title owner the
portion of the existing pipeline right of way grant that was located on proposed Lots 1, 2,3,7 and
8. (Department of Planning Services)
PZ-1035 Red Baron Estates PUD 10
SHERI Lockman - Red Baron Estates P.r. ._�._.. ..... .♦ Page,..
From: <MTPVAI @aol.com>
To: <slockman@co.weld.co.us>
Date: 2/5/04 3:15PM
Subject: Red Baron Estates
Dear Ms. Lockman:
•
We would like to request that the Final Plat for Red Baron Estates be
approved administratively.
Thank you,
Marilyn Taylor
Authorized Agent for Red BaronEstates
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
4.17k 1555 N. 17TH AVENUE
WIlDe. GREELEY, COLORADO 80631
COLORADO
December 10, 2003
Morris Quick& Mark Holliday -
c/o Red Baron Development
7507 CR 39
Fort Lupton CO 80261
Subject: PZ-1035- Request for a Change of Zone from Agricultural to PUD for an eight(8)lot residential subdivision
along with an 81.93 acre agricultural lot on a parcel of land described as E2 E2 NE4 of Section 6,T1 N,and
part SE4 of Section 30, and part E2 E2 of Section 31, T2N, all in 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 February 17, 2004, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 4209 CR 24 %, Longmont, 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.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Fort Lupton and Hudson Planning Commission for their review and
comments. Please call Fort Lupton at(303)857-6694 and Hudson at (303)536-9311 for further details regarding the
date,time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Fort
Lupton and Hudson Planning Commission meeting to answer any questions the Commission members may have with
respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive)intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Resp ctfully,
'1
Sheri Lockman
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 2/2/2004 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-1035 IN THE A (AGRICULTURAL) ZONE DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign"1/2( Xtc-
Signature Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this to 3 day of 1 1 A�I {7L;! 200/.
WITNESS my hand and official seal.
tab),4ThCriktiL
Notary Public �
My Commission Expires: L �
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FIELD CHECK
CASE NUMBER: PZ-1035 DATE OF INSPECTION: I- 3- ZO
APPLICANT'S NAME: Morris Quick & Mark Holliday
PLANNER: Sheri Lockman
REQUEST: Change of Zone from Agricultural to PUD for an eight(8)lot residential subdivision along with an
81.93 acre agricultural lot.
LEGAL DESCRIPTION: E2 E2 NE4 of Section 6, -11 N, and part SE4 of Section 30, and part E2 E2 of
Section 31, T2N, all in R65W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 39; north of and adjacent to State Hwy 52.
LAND USE: r
N 1'r�ef k �
E creA
S gvt /
W /creel, CrD17 S
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
i71ZPt��rc)
P.C. Member 2
FIELD CHECK inspection date: 1/29/2004
CASE NUMBER: PZ-1035
APPLICANT: Morris L. Quick and Mark E. Holliday
LEGAL DESCRIPTION: E2 E2 NE4 Section 6, Ti N, and part SE4 Section 30, and part E2 E2
Section 31, T2N, all in Range 65 West of the 6TH P.M., Weld County,
Colorado
LOCATION: West of and adjacent to County Road 39 and north of and adjacent to State Highway 52
Zoning Land,Use
N A (Agricultural) N Agricultural / Airpark PUD (hangars)
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS: The site is currently in pasture with no improvements
except oil and gas tank batteries. The Airport PUD lies
to the north and west of the site and a feed lot lies less
than a mile to the northeast.
/
Sheri Lockman , Planner II
Hello