HomeMy WebLinkAbout20102228.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-1153
APPLICANT: Country Meadows Estates LLC
PLANNER: Chris Gathman
REQUEST: A Change of Zone from the A(Agricultural)Zone District to the PUD (Planned
Unit Development)for nine (9) residential lots with (E) Estate Zone uses along
with .78 acres of open space-Country Meadow Estates.
LEGAL DESCRIPTION: Lot B AmRE-4571; Part of the N2SE4 of Section 7,T4N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to CR 3; 1/4 mile north of CR 46.
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 27-5-30 of the
Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows:
A. Section 27-6-120.8.6.a The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed
Use Development) of the Weld County Code. The proposed site is not influenced by an Inter-
Governmental Agreement nor is it located within an urban growth boundary. 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.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate) Zone District for the nine (9) residential lots.
Section 27-6-80.6.7 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 in a rural area and is not located within ''A mile of the nearest
subdivision/PUD. The nearest subdivision is the Shultz Minor Subdivision'A mile to the west.As a
result this is not considered an urban scale development and is not subject to the fifteen-percent
open space allocation.
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."
The application indicates that the proposed subdivision monument sign will adhere to the sign
• standards outlined in the Weld County Code. Subdivision signs adhere to the size standards of
signs for public and quasi-public uses, which is 32-square feet, per Section 23-4-80 of the Weld
County Code. f
2010-2228
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Resolution PZ-1153
Country Meadows Estates LLC
Page 2
• 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 PUD is not located within the boundaries of a coordinated planning area or urban
growth boundary area. It is located within the 3-mile referral area of the Towns of Berthoud and
Johnstown. It is also located within the 3-mile referral area of Boulder County and Larimer
County. No referral responses have been received from Berthoud, Johnstown, Boulder County
and Larimer County.
This site is located in a rural agricultural area. A letter was received from an adjacent property
owner mentioning a number of concerns (what road improvements/dust abatement will be
required, noxious weeds, drainage and retention and the potential for mosquitoes,the location of
waste in proximity to the access road and detention pond...).
Conditions of Approval are attached that address a number of concerns outlined in the
surrounding property owner letter. Per the Department of Public Works, the applicant will be
required to contribute their proportional share to dust abatement should vehicle trips exceed 200
vehicles.A weed management plan will be required to be submitted with the final plat application.
According to the Public Works drainage referral, the applicant is proposing either a detention
pond or a water quality feature which would not hold water on a permanent basis. It is staff's
understanding that there was is an old silage pit in proximity of the proposed retention/water
quality feature area/access.
D. Section 27-6-120.6.d- That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article 11 the Weld
•
County Code.
The applicant has submitted a draft water service agreement with the 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. The Division of Water Resources in their
referral dated 7/20/2010 indicated no conflicts with their interests.
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.
Intersection sight distance triangles at the development entrance(s) will be required. All
landscaping within the triangles must be less than 2%feet in height at maturity, and noted on the
final roadway plans.
The applicant shall complete a Weld County Road Access Permit. If a drainage culvert is required
the County shall size your drainage culvert, width and location of your Access point. Contact
Public Works Traffic Engineer.
Typical Road Section Rural Subdivision Local (minor) shall have adequate turning radiuses, a
stop sign, a drainage culvert. The internal roadway is identified as unpaved(gravel). The typical
cross-section for this type of road within a PUD will be 26 feet wide, four inches of aggregate
base course, Class 6, 60 feet of right-of-way with a minimum of 50 feet radius cul-de-sac turn-
around. Each lot is required to have a 15-inch minimum diameter drainage culvert, one access
internal per lot.
The homeowner's association (HOA) shall be responsible for maintenance of roadways, open
•
space, and drainage facilities.
Resolution PZ-1153
Country Meadows Estates LLC
Page 3
• A traffic study is not required at this time, but if background traffic and traffic from the proposed
PUD exceed the triggers for dust control (200 vehicles per day) on WCR 3, the applicant will be
required to pay a proportional share of the proposed PUD's traffic volume for the maintenance
(magnesium chloride) of County Road 3.
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 proportional share of dust control on County Road 3.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site.
The site is not located within any overlay district.
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)
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 27-6-120.6.11- Consistency exists between the proposed zone district(s), uses, and 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
Department of Planning Services is recommending that this Change of Zone be approved as a
specific development and that it be reviewed administratively at the final plat stage.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for Nine (9) residential lots with Estate uses is
conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1153. (Department of Planning Services)
2) "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)
3) Front side and rear utility easements are not required to be indicated on the Change of
Zone plat and shall be removed. Topographical lines, interior lot lines and internal road
rights-of-way shall also be removed from the plat. The property boundary and all recorded
easements shall be shown on the plat. (Department of Planning Services)
• 4) 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)
Resolution PZ-1153
Country Meadows Estates LLC
Page 4
• 5) Label cul-de-sac turn around radii. (Department of Public Works)
6) County Road 3 is a local gravel road and requires a 60-foot right-of-way at full build out.
There is presently a 60-foot right-of-way. This road is maintained by Weld County. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way
and this information shall be included on the plat. Pursuant to the definition of setback in
the Weld County Zoning(23-1-90), the required setback is measured from the future right-
of-way line. (Department of Public Works)
7) Show the culvert size at the entrance. (Department of Public Works)
8) Please remove the reference to recycled concrete from the Vehicle Tracking Pad detail on
sheet 4 of the Change of Zone Plat drawings. (Department of Public Works)
B. The applicant shall attempt to address the requirements of the Colorado Division of Wildlife as
stated in their referral received August 24, 2010.Written evidence of such shall be provided to the
Department of Planning Services. (Windsor-Severance Fire Protection District)
C. The applicant shall submit three(3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
2. The Change of Zone is conditional upon the following and that each shall be placed on the Change of
Zone plat as notes prior to recording:
A. A Change of Zone from A(Agricultural)to PUD for nine(9)residential lots with Estate Zone Uses
(Country Meadow Estates)along with 0.78 acres of open space. The E(Estate)lots shall comply
with all (Estate) requirements. (Department of Planning Services)
• B. 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)
C. A traffic study is not required at this time, but if background traffic and traffic from the proposed
PUD exceed the triggers for dust control (200 vpd) on WCR 3, the applicant will be required to
pay a proportional share of the proposed PUD's traffic volume for the maintenance(magnesium
chloride) of County Road 3. (Department of Public Works)
C. Signs shall adhere to Article IV, Division 2 of the Weld County Code. These requirements shall
apply to all temporary and permanent signs. (Department of Planning Services)
E. Water service shall be obtained from the Little Thompson 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 Control Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of
• Public Health and Environment)
Resolution PZ-1153
Country Meadows Estates LLC
Page 5
• 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 Department of Public Health and Environment,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
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. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be
placed on any recorded plat. (Department of Public Health and Environment)
L. 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
site. (Department of Public Health and Environment)
M. A separate building permit shall be obtained prior to the construction of any structure.
(Department of Building Inspection)
N. 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)
O. 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)
P. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (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. 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)
S. 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)
T. 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)
•
Resolution PZ-1153
Country Meadows Estates LLC
Page 6
• U. 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)
V. 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 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 development covenants for Country Meadows Estates PUD. The
covenants shall address that state: "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 site." The covenants shall also address signage
requirements and refer to the Weld County Code. (Department of Public Health and Environment)
C. Intersection sight triangles at the development entrance will be required. All landscaping within
the triangles must be less than 2% feet in height at maturity, and noted on the final roadway
plans. (Department of Public Works)
D. 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)
E. Easements shall be delineated on the final plat in accordance with County standards(Sec.24-7-
60) and Utility Board recommendations. (Departments of Planning Services and Public Works)
F. The applicant shall submit all proposed street names and lot addresses to the Weld County
Department of Planning Services for review and approval by the Berthoud Fire Protection District,
the Weld County Sheriff's Office, the Weld County Ambulance Services Department and the Post
Office for review and approval. (Department of Planning Services)
G. 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)
Resolution PZ-1153
Country Meadows Estates LLC
Page 7
• H. 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)
I. 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 North
Weld County District shall be provided to the Department of Planning Services. (Department of
Planning Services)
J. Please address the following comments in the Final Plat Drainage Report:
1. Please utilize the Change of Zone and Final Drainage Report requirements that are outlined
in the Weld County Storm Drainage Criteria Addendum for the Final Drainage Report.
2. Please provide 2-foot contour information for the entire subdivision site and for 200 feet
outside of the property boundaries. (Department of Public Works)
K. The applicant shall submit a draft improvements agreement addressing on-site and off-site
improvements associated with the proposed PUD. The improvements agreement will include the
proportional share of dust control on County Road 3. (Department of Public Works)
6. Prior to recording the final plat:
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 proportional share of dust control on WCR 3. 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 Use by Special Review 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)
7. Prior to release of collateral:
A. Evidence shall be provided that the open space parcel has been deeded to the Homeowner's
Association. (Department of Planning Services)
Motion seconded by Robert Grand.
•
Resolution PZ-1153
Country Meadows Estates LLC
Page 8
• 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 September 7, 2010.
Dated the 7th of September, 2010.
/ Se
• Kristine Ranslem
Secretary
•
9- 7-2o/a
fabric; however they indicated that they will be replacing it with red metal slats.
• Commissioner Holton encouraged the staff and the applicant to work out the landscaping issue prior to the
Board of County Commissioner hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Robert Baumgartner, owner of the property to the north and west of the site. He stated that he hasn't seen
any improvement to the property. His main concern is the water runoff. The water coming off of this subject
site runs onto his property and floods his septic system. He said that his biggest concern is the runoff from
this property which has oil and other contaminants.
Mr. Youngpeter said that through the application process the drainage was addressed and approved.
Historically,the grades of the property do run across Mr. Baumgartner's property. Presently, it is not retaining
any kind of oil or fuel or spillage. Currently, they are proposing'to not only retain that water for a historic
controlled flow onto Mr. Baumgartner's property but it will also go through a cleaning process so that the water
that will be exiting the property will comply with the State Water Quality standards. They propose that it
would come out of the northwest corner of the property and be discharged through a pipe and controlled to the
historic flow.
Ms. Hansen said that the applicant will be detaining the 100 year runoff at the 5 year historic rate so the
neighbor should see far less water than he does now. In addition, there will also be a sand/oil interceptor
which will keep any contaminants onsite.
David Moore commented that as a result of the Stormwater Discharge Permit they are required to take two(2)
samples per year and send them in for analysis.
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-1744 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 Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, absent; Alexander Zauder, yes; Jason
Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 3:30 pm and reconvened the meeting at 3:41 pm.
CASE NUMBER: PZ-1153
APPLICANT: Country Meadows Estates LLC
PLANNER: Chris Gathman
REQUEST: A Change of Zone from the A(Agricultural)Zone District to the PUD(Planned
Unit Development)for nine(9) residential lots with (E) Estate Zone uses along
with .78 acres of open space-Country Meadow Estates.
LEGAL DESCRIPTION: Lot B AmRE-4571; Part of the N2SE4 of Section 7,T4N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to CR 3; 1/4 mile north of CR 46.
Chris Gathman, Planning Services,commented that nineteen referral agencies reviewed this case;ten referral
agencies offered comments which have been included in the conditions of approval.
The site is located within the three mile referral of the Towns of Berthoud and Johnstown as well as Larimer
County. The Town of Berthoud and Larimer County indicated no conflicts with their interest and no referral
comments have been received from Johnstown in regard to this application.
• The site is located in an agricultural area. There is an existing subdivision located'/.mile west of this site and
another platted subdivision is located '/ mile to the north and east of this site.
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A letter was received from an adjacent property owner mentioning a number of concerns in regard to this
• development such as what road improvements would be required,dust abatement concerns,questions about
noxious weeds, drainage and detention and the potential for mosquitoes, and the location of waste in
proximity to the access road and detention pond proposed for this site.
Conditions of approval are attached which address a number of these concerns outlined in this letter. Per the
Department of Public Works, the applicant will be required to contribute their proportional share to dust
abatement should vehicle trips exceed 200 vehicles on the County Road. A weed management plan will be
required to be submitted with the final plat application. According to the Public Works drainage referral the
applicant is proposing either a detention pond or water quality feature which would not hold water on a
permanent basis; therefore that would address the concerns with mosquitoes. Staff understands in talking
with the property owner that there was an old silage pit in proximity of the proposed detention/water quality
feature area and access into the site so that may refer to the waste outlined in a couple of the letters received.
Staff has also received three additional letters from surrounding property owners. Items indicated in these
letters deal with the PUD creating precedence in regard to lot size. The lots as proposed meet the density
requirements for public water and septic which is 2.5 acres per the Health Department policy. Another
comment was in regard to a buried irrigation pipe along the western edge of the property. A 20 foot drainage
and utility easement has been indicated on the Change of Zone Plat. The property owner to the south is
requesting a 50 foot easement to allow sufficient room for access and excavation purposes to maintain this
irrigation pipe. Typically, easements are not shown until the final plat stage and can be addressed through a
condition or at the final plat stage.
According to the property owner to the north of the site they maintain the drainage ditch and request that the
access to the ditch remain open for maintenance purposes.
There was an existing farm road to the north of the proposed PUD at the west end and is a private farm road
and shall not be accessible to lots in the PUD.
• In regard to water requirements, the applicant will be using Little Thompson Water and individual septic
systems for this development. The applicant is not requesting any waivers from the Estate Zone District
requirements so the proposed eight residential lots shall adhere to all requirements of the Estate Zone District
outlined in the Weld County Code.
The Department of Planning Services recommends approval of this case.
Lauren Light, Environmental Health, commented that Little Thompson Water District has provided a letter of
commitment which expires March 31, 2011. A note on the plat and in the covenants regarding protection of
the septic systems from people planning trees or putting structures on them is required. In addition three(3)
notes will be placed on the plat which specifically addresses dust. Staff has no concerns with this request.
Don Carroll, Public Works, commented that the access is from County Road 3 which is a local, gravel road.
The applicant has indicated that they will have a tracking pad during construction. The applicant will need to
acquire a Weld County Access Permit. A traffic study was not required at this time; however if the PUD does
trigger additional traffic over 200 then the applicant will be required to pay their proportional share. A
Preliminary Drainage Report was submitted and it is adequate; however more work is required at the final plat
stage. The subdivision is not located in a 100 year floodplain. An Improvements Agreement will be requested
prior to recording the plat.
Betty Trott, co-owner of Country Meadow Estates, stated that they purchased the property in 2006 because of
the beauty of the location. It was their intention to retire there as well as to give building sites to family
members. She reiterated that it is not planned for a money making subdivision.
Ms. Trott indicated that the drainage ditch is not a part of the proposed subdivision; however they will talk to
Mr. Ritter regarding the access to the ditch.
• With regard to the issue of toxic waste,when they first purchased the property they met with the Johnstones
10
and were told of toxic waste being buried on the property. She added that they talked to the farmer at that
time and he knew nothing of anything being buried. This farmer also talked to his father who had also farmed
• this property and he knew nothing about it. Ms. Trott talked with the another farmer who farmed the property
from 1995 to 1999 and stated that they did not use anything toxic and he did not know of anything being buried
there.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tim Gibson stated that he lives and farms the 70 acres south of the Trott's property. He is concerned with the
pipeline that feeds his property. He added that the 20 foot easement width wouldn't give him enough room to
pile dirt if he needed to excavate the 10 inch buried line to maintain it.
Commissioner Spitzer inquired how deep the line is buried. Mr. Gibson replied that it is estimated to be 6 to 8
feet at the deepest point.
Commissioner Grand asked Mr. Gibson what would be an adequate size for the easement. In response, Mr.
Gibson indicated that he serves on the Handy Ditch Board and he added that they typically require a 50 foot
easement from the centerline of a pipe or ditch for maintenance.
Mr. Gibson stated that when that property was an irrigated farm the farmer would pull a ditch along there to
carry any excess water or drainage to the east and drain it off so it wouldn't run across his farm to the south as
he does not have any way of handling that excess water. Therefore he is concerned that when this
development occurs what will be used to control the flow off that property onto his property.
Bruce Johnstone expressed concerned with the alleged toxic dump. He was present when a statement was
made to be sure that no animals grazed in the southeast portion of the site. He added that he personally
observed material on the ground. He stated that there was a pipeline which needed to go in and now has
been moved up north and suggested that somebody might want to check with Xcel Energy why it was moved.
• Mark(last name was inaudible) stated that he did the drainage design for the Trott property. With regard to
the concern of the property owner to the south, in the drainage design a proposed swale is to go along the
southern boundary to take any drainage that comes across.
Ms. Trott said that their attorney has papers that are ready to be recorded that would grant a 20 foot easement
for Mr. Gibson to access to his water line.
In response to Mr. Johnstone's inquiry regarding the movement of the Xcel Energy pipeline, Ms.Trott stated
that initially Xcel came to them and said that they were going to put the line along the south boundary of the
property. However, Xcel Energy stated that they were unaware of the subdivision in process;therefore after
explanation of the proposed subdivision including the location of the detention pond they decided to moved the
pipeline to the northern portion of their property.
Commissioner Maxey asked if the irrigation pipeline is 10 foot off of the property line. Ms. Trott replied that
she does not know.
Jim Trott, 3654 E 151st Ave, stated that according to the previous farmer the pipeline is 10 foot off the
property. In addition,their attorney told them that by chance if the pipeline is off the property line by 50 feet the
pipeline may need to be relocated.
Commissioner Berryman asked if there are any plans to have an environmental assessment survey on the
property to clear up the question regarding potential toxic waste. Ms. Trott stated she doesn't see the
necessity since she has nothing to back the statement up.
Commissioner Grand asked staff what happens if the pipeline turns out to be 50 feet away from the property
line. Mr. Carroll suggested that when this plat is presented to the Utility Board the best way to handle this
would be to expose that line and find the exact point.
• Mr. Gathman said that he understands in talking with the property owner that they are the mineral interest
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owners of the property; therefore Condition of Approval 1.C may be deleted.
• Mark Lawley moved to delete Condition of Approval 1.C as recommended, seconded by Roy Spitzer. Motion
carried.
The Chair asked the applicant if they 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.
Mark Lawley moved that Case PZ-1153 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 Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, absent; Alexander Zauder, yes; Jason
Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously
CASE NUMBER: PZ-1150
APPLICANT: Sherry Wigaard &Velois Smith
PLANNER: Chris Gathman
REQUEST: A Change of Zone from the A(Agricultural)Zone District to the PUD (Planned
Unit Development)for eight (8) residential lots with (E) Estate Zone uses along
with four outlots (Outlot A-for central water system appurtenances&
distribution and emergency access; Outlot B -existing gas well production
facility; Outlot C-entry sign; and Outlot D-school bus shelter& mail kiosk)-
Wigaard Smith PUD.
LEGAL DESCRIPTION: Lot B RE-4833; located in the N2NE4 of Section 28,T1 N, R64W of the 6th
P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to CR 55 and approximately 685 feet south of the
intersection of CR 55 and CR 6.
• Chris Gathman, Planning Services, commented that thirteen referral agencies reviewed this case and nine
referral agencies offered comments which have been incorporated into the conditions of approval.
This site is located within the three mile referral area of Adams County. No referral comments have been
received from Adams County in regard to this case.
This proposed PUD is located immediately to the east of the Wildlife Conservation Center permitted under
USR-1253. This facility is for a Wildlife Sanctuary for surplus confiscated and abused wildlife lions, tigers,
bears, etc. This facility is completely fenced. A letter was received from the Wildlife Sanctuary director
expressing concerns with having residential lots located immediately adjacent to a tiger's sanctuary. The
director expressed concerns about people living in close proximity and disturbing the animals and therefore
indicated that the PUD is an incompatible use. Mr. Gathman said that he understands that the applicant has
met with the director of the Wildlife Sanctuary and has attempted to address and mitigate these concerns. He
added that they are working on an agreement in providing additional screening along the boundary of the
Wildlife facility adjacent to the PUD and possibly allowing the facility director to sit on the PUD Homeowners
Association.
The applicant is proposing a central water system utilizing an existing well as well as a proposed new well.
According to the Division of Water Resources referral response it offered the opinion that the proposed water
supply is adequate and could be provided without causing injury to decreed water rights provided the existing
well under Permit Number 180126 is re-permitted according to the decree in Water Court Case 2006-CW181.
Additionally, under Section 27-2-170 of the Weld County Code it states that water systems including wells
which rely upon Denver basin aquifers shall also acquire and incorporate into a permanent supply plan
alternative renewable water sources to ensure adequate water supplies for the future. The proposed water
system would use two existing wells that do rely on the Denver basin aquifers; therefore the Department of
Planning Services is requiring the applicant to address the criteria outlined in Section 27-2-170 as a condition
• of approval prior to recording the Change of Zone Plat for this application.
The Department of Planning Services is recommending approval of this request provided that the alternative
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