HomeMy WebLinkAbout20110229.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-1140
APPLICANT: Merino Conservation Group, LLC
PLANNER: Michelle Martin
REQUEST: Change of Zone from the A(Agricultural)Zone District to the PUD(Planned Unit
Development)Zone District for nine(9)lots with E(Estate)Zone District uses,and
approximately thirteen (13) acres of common open space - Twin Peaks at Iris
Lane PUD.
LEGAL DESCRIPTION: Lot C AmRE-3983, Part S2NW4 of Section 5,T4N, R68W of the 6th P.M.,Weld
County, Colorado.
LOCATION: East of and adjacent to CR 3 and approximately 1/2 mile south of State Hwy 60.
be recommended favorably to the Board of County Commissioners 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 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 the Little Thompson Water District
for potable water. The applicant has submitted a draft water service agreement with
Little Thompson Water District. A finalized water agreement will be required at the
final plat stage. Individual Sewage Disposal Systems will handle the effluent flow.
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.
1. Section 27-2-40, Bulk requirements—The applicant has requesting a waiver from the
minimum lot size in the Estate Zone District. The proposed lot size for Twin Peaks
at Iris Lane PUD is 2 acres compared to the 2.5 required for the Estate Zone district.
2. Section 27-6-80.8.7 states: "All urban scale development PUDs containing a
residential element shall provide for a fifteen-percent common open space
allocation, unless otherwise stated in Chapter 26 of this Code."
This site is not located within an urban growth boundary area or coordinated
planning area of a municipality. The site is located within 'A mile of Garcia PUD and
Twin View Estates subdivision/PUD. As a result this is considered an urban scale
development and is subject to the fifteen-percent open space allocation.
3. Section 27-6-90, Signage—Section 27-2-90.C. states: "Signage within a PUD shall
• adhere to all requirements in this Chapter and Chapters 23 and 26 of this Code, if
applicable."
qr.
41
2011-0229
Resolution PZ-1140
Merino Conservation Group, LLC
Page 2
• The application indicates that the proposed subdivision monument sign will be 48
square feet. The Estate Zone District allows for a 32 square foot sign.
The applicant has met the remaining performance standards as delineated in
Section 27-2-10. The Conditions of Approval and Development Standards ensure
compliance with Sections 27-2-20 through 27-2-220 of the Weld County Code.
C. Section 27-6-120.6.c- That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities. The proposed site is not influenced by an Inter-
Governmental Agreement. The proposed development is located within the three mile
referral area of the Town of Berthoud, Town of Johnstown, and Boulder and Larimer County.
The Larimer County, Town of Berthoud and Town of Johnstown indicated no conflicts with
their interests. The Weld County Planning Department has not received a response from
Boulder County.
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 residential lots will be serviced by Little Thompson Water
District. The Weld County Attorney's Office has indicated that the agreements submitted by
the applicant are adequate for the Change of Zone. The Weld County Department of Public
Health and Environment has indicated in a referral response dated October 7, 2009 that the
application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer
service.
• E. Section 27-6-120.6.e- That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. The Change of Zone plat
submitted by the applicant shows roadways with a 60-foot right-of-way in width including cul-
de-sacs with a 65-foot outside radius. A typical road cross section shall be shown on the
Change of Zone plat. The typical local roadway section shall be shown as two 12-foot paved
lanes with 4-foot gravel shoulders. The cul-de-sac edge of pavement radius shall be 50-feet.
The applicants are requesting a waiver from curb, gutter and sidewalks. The Department of
Public Works is recommending approval of the applicant's request for a waiver from curb,
gutter and sidewalks.
The Department of Public Works is requiring the applicant to pave County Road 3 to State
Highway 60. County Road 3 is classified as a local gravel road with 60 feet of right-of-way.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable. An improvements agreement will be required prior to recording of the
final plat. The improvements agreement will include the paving of County Road 3 to State
Highway 60.
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. According to the application there
are two mineral interests the Merino Conservation Group, LLC (the applicant) and Magpie
Operation, Inc. The applicants have not entered into a surface use agreement at this time.
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)
Resolution PZ-1140
Merino Conservation Group, LLC
Page 3
• Effective August 1, 2005, Building permits issued on the subject site 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)
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 is in agreement with this
request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
Change of Zone from A (Agricultural) to Planned Unit Development with Estate uses for nine (9)
residential lots and 13 acres of common open space(Twin Peaks at Iris Lane PUD)is conditional upon
the following:
1. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
2) The plat shall be labeled PZ-1140. (Department of Planning Services)
2) All future signs including entrance signs, street signs and stop signs shall be
delineated on the plat. (Department of Planning Services)
• 3) The development sign shall meet the setback requirements of 20 feet from existing
or future right of way whatever is greater. (Department of Planning Services)
4) All non-recorded easements shall be removed from the plat. Recorded easements
shall be referenced on the plat per book and page or reception number.
(Department of Planning Services)
5) The applicant shall address the comments of the Weld County Department of Public
Health and Environment in regards to lots 1 and 7-9 having access to the trail
system. (Weld County Department of Public Health and Environment)
6) The plat shall address the concerns/requirements of the Weld County Department of
Public Works as stated in their referral dated 10/5/2009 and 7/29/2010. (Weld
County Department of Public Works)
7) The property line should be a bold solid line. (Department of Planning Services)
8) "Weld County's Right to Farm"statement 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)
9) The approved road cross-section (26 feet wide, four inches of aggregate base
course, Class 6, 60 feet of right-of-way) shall be indicated on the plat. (Department
of Public Works)
10) Label cul-de-sac turn around radii. (Department of Public Works)
B. The applicant shall provide the Weld County Department of Planning Services with a
•
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel. (Department of Planning Services)
Resolution PZ-1140
Merino Conservation Group, LLC
Page 4
• C. The applicant shall address the requirements (concerns) of Weld County Department of
Public Works, as stated in the referral response dated 10/5/2009 and 7/29/2010. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Weld County Department of Public Works)
D. The applicant shall submit to the Weld County Department of Planning Services an updated
commitment letter from the Little Thompson Water District. (Department of Planning
Services)
E. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. The plat shall be amended to include
any possible future drilling sites and/or setbacks. (Department of Planning Services)
F. The applicant shall either submit a copy of an agreement with the Consolidated Home Supply
Ditch and Reservoir Company stipulating that their activities/concerns have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has been
made to mitigate the concerns of the ditch company. The plat shall be amended to include
any recorded easements/agreements. (Department of Planning Services)
G. The applicant shall provide a written agreement from the power company to move the
overhead power lines. (Weld County Department of Public Works)
H. The Change of Zone plat map shall be submitted to the Department of Planning Services'for
recording within sixty(60)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)
2. The Change of Zone is conditional upon the following and each shall be placed on the Change of
Zone plat as notes, prior to recording:
A. Change of Zone from A(Agricultural)to Planned Unit Development with E(Estate)uses with
the exception of lot size for nine (9) residential lots and 13 acres of common open space
(Twin View Estates PUD). (Department of Planning Services).
B. Water service shall be obtained from Little Thompson Water District. (Weld County
Department of Public Health and Environment)
C. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Weld County Department of Public Health and
Environment)
D. 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 atwww.cdphe.state.co.us/wq/PermitsUnit
for more information. (Weld County Department of Public Health and Environment)
• E. 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. (Weld
County Department of Public Health and Environment)
Resolution PZ-1140
Merino Conservation Group, LLC
Page 5
• F. 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. (Weld County Department of Public Health and Environment)
G. 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. (Weld County Department of Public Health and Environment)
H. Language for the preservation and/or protection of the absorption field envelopes shall be
placed in the development covenants. The covenants shall state that activities such as
permanent landscaping, structures,did mounds or other items are expressly prohibited in the
absorption field site. (Weld County Department of Public Health and Environment)
I. "Weld County's Right to Farm"statement 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)
J. 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)
K. Effective August 1, 2005, Building permits issued on the subject site 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)
L. The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
• M. Personnel from the Weld County Government shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable Weld County Regulations.
(Department of Planning Services)
N. Appropriate Building Permits shall be obtained prior to any construction or excavation.
(Department of Planning Services)
O. 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)
P. 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)
Q. 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)
R. 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
Resolution PZ-1140
Merino Conservation Group, LLC
Page 6
• 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)
S. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
3. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within Sixty(60)days of approval by the Board of County Commissioners.With the Change of Zone plat
map, the applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats
are .shp(Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable). (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be
recorded within the required sixty (60) days from the date the Administrative Review was signed a
$50.00 recording continuance charge shall added for each additional 3 month period.
5. At the time of Final Plat:
A. The applicant shall submit covenants for Twin Peaks at Iris Lane PUD. The covenants shall
include the following language for the protection of septic envelopes, activities such as
landscaping (i.e. planting of trees and shrubs)and construction(i.e. auxiliary structures, dirt
mounds, etc.) are expressly prohibited in the designated absorption field site.The covenants
shall be approved by the Weld County Attorney's Office prior to recording the final plat.
(Departments of Planning Services and Public Health and Environment)
• B. The Convents shall attempt address the concerns of Colorado Division of Wildlife, as stated
in the referral response dated 10/11/2009. (Colorado Division of Wildlife)
C. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
D. The applicant shall submit to the Department of Planning Services approval of preliminary
addresses and street name from the Postal Service, Fire District and Sheriffs Department.
(Department of Planning Services)
E. The applicant shall address the requirements(concerns)of the Department of Public Works,
as stated in the referral response dated 10/5/2009 and 7/29/2010. (Department of Public
Works)
F. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Planning Services)
G. The applicant shall contact the Vegetation Weed Management Specialist with the Weld
County Public Works Department to develop a weed management plan. The approved plan
shall be included in the Final Plan application. (Department of Planning Services)
H. The applicant shall submit an executed agreement securing water from the Little Thompson
Water District for service to the PUD. Evidence of the agreement and sign off from the Little
Thompson Water District shall be provided to the Department of Planning Services.
(Department of Planning Services)
411 6. Prior to recording the final plat:
Resolution PZ-1140
Merino Conservation Group, LLC
Page 7
• A. Original copies of the approved covenants 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 submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the State. (Department of Planning Services)
C. An improvements agreement will be required prior to recording of the final plat. The
improvements agreement will include the paving of County Road 3 to State Highway 60. The
agreement and form of collateral shall be submitted for and reviewed by the Departments of
Planning Services and Public Works and accepted by the Board of County Commissioners prior
to recording the Final plat. (Department of Public Works)
D. The applicant shall provide evidence requirements of the RE-2J School District have been
addressed. (Weld School District RE-2J)
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)
Motion seconded by Erich Ehrlich.
VOTE:
For Passage Against Passage Absent
•
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 4, 2011.
Dated the 4th of January, 2011.
&cji
0 &` l 17V— 1 ltm
Kristine Ranslem
Secretary
I / -
• septic system for the home which is sized for four(4) people. Staff did receive an engineer's evaluation in
October 2010 and it indicates that that system will accommodate the full-time resident in the house, a part-
time employee, two clients per week and washing each dog six times per year. The applicants have applied
for a PACFA license through the Department of Agriculture. Ms. Light said that she has received an email
from the Department of Agriculture which states they don't see any problems with it; however it is not issued
yet.
Ms. Light stated that Condition of Approval 1.C may be deleted regarding the Dust Abatement Plan since it
has been submitted.
Roy Spitzer moved to delete Condition of Approval 1.C, seconded by Jason Maxey. Motion carried.
Heidi Hansen, Public Works, stated that the access is onto State Highway 52, which is controlled by CDOT.
Ms. Hansen said that CDOT has indicated that they have no concerns with this use. The access is paved and
shared with Nelson Pipeline.
Cheryl Pestotnik„Arvada CO, stated that she and her father(Jim Terry)are very excited about starting a new
business together. She added that they both grew up in a farm environment and have a love of animals. Mr.
Terry raises Daschund puppies and she raises Cocker Spaniel litters. Ms. Pestotnik stated that they are
looking to start off small with maybe four(4) dogs and see how that goes. She added that they are looking
forward to this opportunity.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
• Robert Grand moved that Case USR-1766, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall, yes;Alexander Zauder,absent;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: PZ-1140
APPLICANT: Merino Conservation Group, LLC
PLANNER: Michelle Martin
REQUEST: Change of Zone from the A(Agricultural)Zone District to the PUD(Planned Unit
Development)Zone District for nine(9)lots with E(Estate)Zone District uses,and
approximately thirteen (13) acres of common open space - Twin Peaks at Iris
Lane PUD.
LEGAL DESCRIPTION: Lot C AmRE-3983, Part S2NW4 of Section 5,T4N, R68W of the 6th P.M.,Weld
County, Colorado.
LOCATION: East of and adjacent to CR 3 and approximately 1/2 mile south of State Hwy 60.
Michelle Martin, Planning Services, stated that the proposed site is not influenced by an Inter-Governmental
Agreement. The proposed development is located within the three mile referral area of the Towns of Berthoud
and Johnstown, and Boulder and Larimer County. Larimer County, Town of Berthoud and Town of
Johnstown indicated no conflicts with their interests. The Weld County Planning Department has not received
a response from Boulder County.
• The site is located within '/ mile of the Garcia PUD and Twin View Estates PUD.
The proposed PUD will be serviced by the Little Thompson Water District for potable water. Individual
rs �r
•
aw
N[ i9
• Sewage Disposal Systems will handle the effluent flow.
The applicant has requested a waiver from the minimum lot size in the Estate Zone District. The proposed lot
size for Twin Peaks at Iris Lane PUD is 2 acres compared to the 2.5 acres required for the Estate Zone
district.
The application indicates that the proposed subdivision monument sign will be 48 square feet. The Estate
Zone District allows for a 32 square foot sign.
Twenty-two referral agencies have reviewed this case;thirteen referral agencies responded favorably or their
conditions have been included in the development standards.
Planning staff is recommending approval of the application along with the conditions of approval and
development standards.
Lauren Light, Environmental Health, stated that Little Thompson Water District is providing water service for
the PUD and a commitment letter was received when this case was first submitted; however it has expired as
of December 11, 2010. Therefore a new commitment letter will need to be submitted. Individual septic
systems are proposed for each lot.
Heidi Hansen, Public Works, stated that the access is onto County Road 3 which is a local,gravel road with 60
feet of right-of-way. According to the Weld County Code,the development will be increasing the traffic on that
road over the limits for dust control and paving. At the time of final plat, we will be entering into an
Improvements Agreement with the applicant and that will likely include some dust control and possibly a
proportional share of the paving up to State Highway 60. The Improvements Agreement will also require the
Homeowners Association to be responsible for the maintenance of the internal roads. The applicant has
requested a waiver from curb and gutter requirements inside the subdivision. Public Works would agree to
• waive the curb and gutter requirement since it would preserve the rural nature of the subdivision and the
compatibility of the surrounding subdivisions. The applicants are relocating the existing overhead power lines
offsite; therefore staff has requested to see the agreement with the power company.
Rob Casseday, 16932 Highway 392, Greeley, CO, stated that they have been working on this project for a few
years and are very excited about it. It is a nine-lot subdivision with open space. The reason for two acre lots
is to have lot sizes that would be manageable and marketable. Another reason for the request is because the
detention ponds grew to about the size of two normal lots.
Mr. Casseday said that there is a proposed nature trail. He stated that they have worked with Public Works on
the desire to have less access points to the site and use the internal road system to bring access to the oil and
gas property as well as the adjacent property. The ditch company would like to maintain what they need for
access to their ditch. He added that they are in discussions with the Handy Ditch Company to finalize an
agreement and expects to get that resolved.
Mr. Casseday commented that while they were in the land use process for this subdivision, the Twin View
Estates subdivision to the south was approved and increased the traffic counts. He added that now they are
possibly going to have to pave County Road 3 down to their subdivision. He added that it was a shock to them
but they would like to continue discussions with Public Works.
Commissioner Holton asked for clarification on the request from Public Works. Ms. Hansen said that 200
vehicles is the limit in which dust control is required. The most recent traffic count was in 2008 with 181
vehicles per day. She added that they are estimating 80 trips from this subdivision and that would put it over
the 200 limit. Ms. Hansen said that there will be an updated traffic count so that the applicants will be paying
for a proportional share of what they are adding to the road versus what is already on the road.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
• one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
3
• if they are in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case PZ-1140, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Erich Ehrlich.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder, absent; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1764
APPLICANT: Rodney& Karen Steely
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service, including parking and maintenance for a tank
service company, along with a field office in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-3779; located in Part of the SE4 of Section 16,T6N, R65W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 600 feet west of CR 43.
Chris Gathman, Planning Services,stated that this application is to correct a zoning violation(ZCV09-00204)
for the presence of a commercial trucking operation without first obtaining the necessary land use permits.
Should this application be approved and the final plat recorded this violation will be dismissed.
The proposed site is located in an agricultural area. The nearest residences are located immediately to the
east of the site, approximately 200 feet away. Other residences in proximity to this site are located
• approximately 1,000 feet to the west and to the east of the site. There is an existing landscape business
located to the north and west of the site.
Eleven referral agencies reviewed the case; six referrals were received and either indicated no conflict with
their interests or have been addressed as conditions of approval and/or development standards.
The site is located within the three mile referral areas for the Town of Eaton and the City of Greeley. No
referral response has been received from either of these municipalities.
The applicant submitted two letters of support from neighboring property owners in regard to this application.
Additionally, the original application mentioned having up to six vehicles stored on site on a regular basis and
also quarterly staff meetings. In visiting with the applicants,they have scaled that back with storing up to four
vehicles on site and no staff meetings.
Mary Evett, Environmental Health, stated that there is an existing septic system permitted for ten people.
Water is supplied by North Weld County Water District. Since there will be office employees and drivers
entering the facility they must have access to potable water, restroom and handwashing facilities. If the
existing septic system is utilized for the employees and the drivers and the number of people exceed ten
people per day, the existing system will require an engineered review to determine that it is adequately sized
or they may install a separate septic system for their business use. In addition,documentation from the Water
District is required indicating that they have no objections to this request. Minor vehicles repairs will be done
onsite; however no fluid changes will be performed on the property.
Heidi Hansen, Public Works, stated that access is onto State Highway 392 which is under control of CDOT.
CDOT is requiring a new access permit for this application to authorize the truck traffic. The applicant is
utilizing a shared access with the neighboring property and they have submitted a letter from the neighbor
indicating approval.
• Rodney Steely, 20759 Hwy 392, said that he hauls crude oil out of the field and has needed someplace to park
some additional equipment from time to time. He said that they are living in the house and they did use it as a
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