HomeMy WebLinkAbout20102243.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-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.
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-
• Government Agreement nor is it located within an urban growth boundary. The proposal is
consistent with the aforementioned documents as follows:
Section 22-2-120 A. R.Goal 1. States: "Ensure that adequate services and facilities are
currently available or reasonably obtainable to serve the residential development or
district."
The Department of Public Health and Environment stated in their July 2, 2010 referral that
Chapter 27 of the Weld County Code has been satisfied in regards to sewer service.The
applicant is proposing individual septic systems.
The applicant is proposing a central water system utilizing an existing well and a proposed
new well.
The Office of the State Engineer—Division of Water Resources, in their referral response
received July 22,2010, 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
(permit No. 180126 is re-permitted according to the decree in water court case
2006CW181.
Section 22-2-120 D. R.Goal 4. States:"Residential development should support agriculture,
and be supported in agricultural areas, in accordance with the goals and policies of Section
22-2-20 of this Article."
Section 22-2-20 I.A.Goal 9. States:"Reduce potential conflicts between varying land uses
in the conversion of traditional agricultural lands to other land uses."
• The site is located in a rural agricultural area on soils that are defined as"Other"according
to the by the 1979 USDA Soil Conservation Services map.
2010-2243
Resolution PZ-1150
Sherry Wigaard &Velois Smith
Page 2
• 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 intends to adhere to the Estate Zoning
requirements in regards to land uses, bulk standards, and lot sizes. No waiver from the Estate
Zoning requirements is proposed.
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 an identification sign to be located on Outlot C. The identification sign will
meet the height and size requirements of 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.
Sec. 27-2-140. Nonurban scale development states: "Nonurban scale development proposing
individual, private wells and septic systems shall have a minimum lot size of two and one-half
(2%)acres per lot. Nonurban scale developments located outside the RUA are not subject to the
common open space requirement."
This proposed PUD is a nonurban scale PUD(less than 9 lots) in a nonurban area. All lots in the
proposed PUD exceed the minimum lot size of two and one-half(21/2)acres per lot.The smallest
lot is 4.58 acres.
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 3-mile referral area or coordinated planning area of
any municipality. It is located within 3 miles of Adams County. No referral response has been
received from Adams County.
The proposed PUD is located immediately to the east of the Wildlife Conservation Center(USR-
1253) — a kennel/wildlife sanctuary for surplus, confiscated and abused wildlife (lions, tigers,
bears...). This facility is completely fenced. A letter has been received from the Wildlife
Conservation Center owner expressing concern with having residential lots immediately adjacent
to a tiger sanctuary located within the wildlife conservation center boundaries. The operator
expressed concerns about people living in close proximity disturbing the animals and is
counterproductive to the goals of the wildlife sanctuary,who believes the PUD is an incompatible
use and is opposed to this development.
It should be noted that there are three existing residences immediately adjacent to the boundaries
of the site and five (5) residences within % mile of the facility.
The applicant has indicated that the property owner has met with the facility owner/manager to
attempt to address/mitigate his concerns. Items discussed included screening along the boundary
of the facility to allowing the facility owner to sit on the Wiggard Smith Estates PUD Homeowner's
Association.
The Colorado Division of Wildlife provided referral comments regarding the PUD dated October
31, 2008 and this has been attached as a condition of approval.
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.
Resolution PZ-1150
Sherry Wigaard &Velois Smith
Page 3
• The Department of Public Health and Environment stated in their July 2, 2010 referral that
Chapter 27 of the Weld County Code has been satisfied in regards to sewer service. The
applicant is proposing individual septic systems.
The applicant is proposing a central water system utilizing an existing well and a proposed new
well.
The Office of the State Engineer — Division of Water Resources, in their referral response
received July 22, 2010, 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 (permit No.
180126 is re-permitted according to the decree in water court case 2006CW181.
Section 27-2-170 of the Weld County Code states: "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 water supplies for the future."
The proposed water system would use two existing water wells relying on Denver Basin aquifers.
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 plat) of this application.
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.
County Road 55 is a collector road and requires an 80-foot right-of-way at full build out. There is
presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the
definition of setback outlined in Weld County Code section 23-1-90, the required setback is
• measured from the future right-of-way line.
The applicant shall obtain an Access Permit for the PUD access onto County Road 55. Please
contact the Public Works Traffic Engineer to obtain the permit.
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.
The applicant shall submit Improvements Agreements According to Policy Regarding Collateral
for On-site Private Road Maintenance with the Final Plan application. This agreement must be
reviewed by Public Works and shall be approved by the Board of County Commissioners(BOCC)
prior to recording any Final Plat.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site.
The 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.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
Resolution PZ-1150
Sherry Wigaard &Velois Smith
Page 4
• 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 Eight(8) 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-1150. (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 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) Identify, the internal road, "Annie Lane" as being privately maintained. (Department of
Public Works)
• B. The applicant shall attempt to address the requirements/recommendations of the Colorado
Division of Wildlife as stated in their referral dated October 31, 2008. (Colorado Division of
Wildlife)
C. The applicant shall attempt to address the requirements/concerns of the Southeast Weld Fire
Protection District as stated in their electronic mail received June 7, 2010. (Southeast Weld Fire
Protection District)
D. Section 27-2-170 of the Weld County Code states: "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 water supplies for the future."
The applicant shall provide written evidence/documentation to the Department of Planning
Services that the criteria stated in Section 27-2-170 in regards to alternative renewable water
sources have been addressed.
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. Drill envelopes can be delineated on the plat in
accordance with the State requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites. (Department of Planning Services).
(Department of Planning Services)
F. 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:
Resolution PZ-1150
Sherry Wigaard &Velois Smith
Page 5
• A. A Change of Zone from A(Agricultural)to PUD for eight(8)residential lots with Estate Zone Uses
(Wiggard Smith PUD)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).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. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
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 a private central water system. (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)
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. 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)
L. "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)
• M. A separate building permit shall be obtained prior to the construction of any structure.
(Department of Building Inspection)
Resolution PZ-1150
Sherry Wigaard&Velois Smith
Page 6
• 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)
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)
Resolution PZ-1150
Sherry Wigaard &Velois Smith
Page 7
• B. The applicant shall submit development covenants for Wiggard Smith 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. 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)
D. Easements shall be delineated on the final plat in accordance with County standards(Section 24-
7-60)and Utility Board recommendations. (Departments of Planning Services and Public Works)
E. 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 Windsor-Severance Fire
Protection District, the Weld County Sheriffs Office, the Weld County Ambulance Services
Department and the Post Office for review and approval. (Department of Planning Services)
F. 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)
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 address the conditions of the Colorado Interstate Gas referral dated July 1,
2010. Written evidence of such shall be provided to the Department of Planning Services.
(Colorado Interstate Gas)
• I. Easements shall be shown on the final plat in accordance with County standards(Section 24-7-
60) and /or Utility Board recommendations. (Department of Public Works)
J. Intersection sight distance 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)
K. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
roadway/ construction & grading plan drawings for review (with the final plan application) and
approval. Construction details must be included. (Department of Public Works)
L. The applicant shall submit Improvements Agreements According to Policy Regarding Collateral
for On-site Private Road Maintenance with the final plan application. These agreements must be
reviewed by Public Works and shall be approved by the Board of County Commissioners(BOCC)
prior to recording any final plat. (Department of Public Works)
M. Final drainage construction and erosion control plans (conforming to the drainage report)
stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be
submitted with the final plan application. (Department of Public Works)
N. Please add the following note on the Final Plat:The historical flow patterns and run-off amounts
will be maintained on site in such a manner that it will reasonably preserve the natural character
of the area and prevent property damage of the type generally attributed to run-off rate and
velocity increases, diversions, concentration and/or unplanned ponding of storm run-off.
(Department of Public Works)
• O. The applicant shall repermit well permit no. 180126 pursuant to the terms in the water court
decree in case No. 2006CW181. (Division of Water Resources)
Resolution PZ-1150
Sherry Wigaard &Velois Smith
Page 8
• P. As the facility's water system serves more than 25 persons on a daily basis, the water system
shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Written
evidence shall be provided to the Weld County Departments of Public Health and Environment
and Planning Services, from the Drinking Water Section of the Water Quality Control Division of
the Colorado Department of Public Health and Environment that the system complies with the
Colorado Primary Drinking Water Regulations. (Department of Public Health and Environment)
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. The applicant shall provide evidence that the requirements of the Weld RE-3J School District as
stated in their referral dated 6/10/2010 have been addressed. Evidence that the cash in lieu of
land fee has been paid shall be provided to the Department of Planning Services. (Weld County
School District RE-3J)
D. An improvements agreement will be required prior to recording of the final plat. 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.
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 Outlots A, B, C and D have been deeded to the Homeowner's
Association. (Department of Planning Services)
Motion seconded by Roy Spitzer.
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.
•
Resolution PZ-1150
Sherry Wigaard &Velois Smith
Page 9
• 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.
Kristine Ranslem
Secretary
•
•
9- 7-aoja
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,Ti 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
12
water source and that the surrounding property owner comments can be addressed.
• Lauren Light, Environmental Health, stated that there will be a private central water system. She added that
the State will probably classify this as a public water system because it could serve over 25 or more people
per day. Ms. Light requested moving Condition of Approval 1.B to Condition of Approval 5.P as this would give
the applicant time between the Change of Zone and Final Plat to do some engineering. She added that the
State will require engineering of that water system and it doesn't make sense to place the condition prior to
recording the Change of Zone plat. Staff has no concerns with this request.
Mark Lawley made a motion to move Condition of Approval 1.B to Condition of Approval 5.P, seconded by
Robert Grand. Motion carried.
Heidi Hansen, Public Works, stated that the access is from County Road 55 which is a collector road and
requires 80 feet right-of-way; currently there is 60 feet of right-of-way. The internal roadway will need to be
privately maintained by the HOA. A Change of Zone Drainage Report was submitted and was acceptable.
She added that there are additional items which will be required at the time of Final Plat submittal such as
construction plans, Improvements Agreement,easements,etc. Ms. Hansen stated that there are no concerns
at this time.
Cliff McCissack, JCM Development, 8300 Garland Dr, represents the applicants Sherry Wigaard and Velois
Smith. Mr. McCissack stated that they agree to the staff recommendations.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Pat Craig, Executive Director of Wildlife Sanctuary, said that they are extremely concerned about this
proposed subdivision. He said that this facility was moved to this part of the county 16 years ago because of
the remote location. He added that their number one goal is for the animals'welfare. The animals are not in
typical cages; rather they are in large acreage habitats. These are all rescued animals that were taken from
abusive or illegal situations. Adjacent to the proposed subdivision is a 20 acre tiger habitat, wolf and bear
habitats. Obviously, there is a great attraction for these animals so the problem is that anytime people get in
the near proximity of the habitats it becomes entertainment for them and they want to come over and stand at
the fence. He added that they have had a number of issues with properties in this area where people want to
ride their ATVs along the fence and it disturbs the animals. Therefore, proposing to have people's backyards
right up against a habitat that has 10 tigers in it was not something that they expected to be up against.
Mr. Craig commented that they are great friends with Sherry Wigaard and Velois Smith and would like to see
some sort of a resolution to it. He added that they have discussed at this point some legal binding document
where the people that move in there have to sign something that says they realize they are moving next to a
large wildlife sanctuary. He said that they are concerned that in the future with people moving in that this could
create a problem and then they will want to relocate the sanctuary; however it would cost millions of dollars to
move this facility.
Commissioner Grand inquired if an easement along the property line would help. Mr.Craig said that there is a
lot of concern with the attraction and so besides the screening he believes that an easement would help with
not allowing people to get that close to the fenced area.
Commissioner Holton expressed that we may need to take the Right to Farm Statement a little further and
expand that. He feels that a buffer can be established and worked out for better security.
Bruce Barker, County Attorney, said that in this instance the USR needs to take into consideration
compatibility and those properties that are surrounding it. It is the responsibility of the property owner to take
whatever steps necessary to deal with that. He added that it is not fair to saddle this applicant with respect to
future uses. He said that he doesn't see it as a Right-to-Farm but more of a right to own property and deal
with it effectively. He added that those uses that come in secondly, after the fact, have an obligation to make
certain to protect themselves and do the things to make it so that their use is compatible.
• Mr. McCissack commented that they have talked about some additional solid privacy fencing between the
facility and the proposed subdivision. It would also be a possibility of having a no use of motor vehicle type
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easement that would be immediately adjacent to the common property line. He added that perhaps an
• additional outlot could be placed there with language on the plat that no motorized vehicles would be allowed
in that area and it would be maintained by the Homeowners Association who would also have the
responsibility to police that.
Mr. Grand asked about the dogs as well. Mr. McCissack said that if there is some buffering on that west side
that might help mitigate that problem.
Sherry Wigaard commented that she moved out just after the facility started construction. She added that
because it is a rural area ATVs will be out there. She stated that she has asked Mr. Craig to serve on the
HOA to ensure that he has some control. She expressed that the wildlife sanctuary is a great facility and
believes that they can work something out.
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 Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes with comment; Erich Ehrlich, absent; Robert Grand, yes with comment; Bill Hall, absent;
Alexander Zauder, yes; Jason Maxey, yes with comment; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton,
yes. Motion carried unanimously.
Commissioner Maxey commented that it sounds like the applicants and Mr. Craig are on good terms and
encouraged them to continue working together because this is a unique situation.
• Commissioner Grand reiterated Mr. Maxey's comments and added that they strive to reach a satisfactory
agreement.
Commissioner Berryman suggested having a tentative agreement prior to the Board of County Commissioner
hearing.
The Chair asked the Planning Commission members if there was any new business to discuss. Mr. Grand
requested a report on the number of violations and the source of the violation according to Planning
Commission districts over the last 12 months for the next Planning Commission meeting.
Meeting adjourned at 4:55 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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