HomeMy WebLinkAbout20083050.tiff BEFORE THE vt/ELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Tom Holton, 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-1131
APPLICANT: Robert Buderus
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot B of RE-3684, Part of the SW4 and SE4 of Section 5,T7N, R67W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from (A)Agricultural to PUD(Planned Unit Development)for
nine (9) residential lots with (E) Estate Zone District Uses with 9.94 acres of
open space referred to as'tract 1'and'tract 2'and a 5+/-acre non-buildable
outlot for oil and gas activities.
LOCATION: North of and adjacent to CR 84 and approximately Y2 mile east of CR 15.
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.B.6.a The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23(Zoning), Chapter 24(Subdivision) and Chapter 26(Mixed Use
Development) of the Weld County Code. The proposal is consistent with the aforementioned
documents as follows:
1) Section 22-3-50.B., P.Goal2 `Require adequate facilities and services to assure the health,
• safety and general welfare of the present and future residents of the County. "The proposed
PUD will be serviced by North Weld County Water District; a Draft Water Service Agreement
has been approved by the Weld County Attorney. 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 27-2-20, Access standards - 'All PUD developments will be served by an internally paved
road system according to County standards. An exception to paving may be granted by the Director
of Public Works for residential PUDs of nine (9)lots or less located in nonurban areas as defined in
Chapter 22 of the Weld County Code, when the PUD is not located within close proximity to other
PUDs, subdivisions and municipal boundaries, and when access to the PUD is not from a public
road which is paved or will be paved within a year of approval of the PUD. "The proposed Planned
Unit Development is located adjacent to the Peace Haven Minor Subdivision, MF-1025, and the
Tranquility Estates PUD, PZ-1041,and therefore requires urban scale development standards. As
such, it will be served by a paved road.
Urban scale developments are developments exceeding(9)lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All
urban scale developments shall pave the internal road systems of the development. Urban scale
development requires support services such as central water, sewer systems, road networks,park
and recreation facilities and programs, and storm drainage. This definition does
not affect or apply to those coordinated planning agreements between the County and municipalities
which are in effect as of May 14, 2001. The subject property is located in close proximity to two
existing PUD / subdivisions, and therefore is considered an urban-scale development.
• EXHIBIT
2008-3050
?? #//3/
Resolution PZ-1131
Robert Buderus
Page 2
• Section 27-2-60, Common open space-The applicant has proposed a total of 15.20 acres of open
space which is over 25% of the total land area; the applicant has met the common open space
requirement.
The applicant has met the remaining performance standards as delineated in Section 27-2-10. The
Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20
through 27-2-210 of the Weld County Code.
C. Section 27-6-120.6.c- That the uses which would be permitted shall be compatible with the existing
or future development of the surrounding area as permitted by the existing Zoning, and with the
future development as projected by Chapter 22 of the Weld County Code or master plans of affected
municipalities. The proposed site is within the three mile referral area for the Town of Severance.
The Town of Severance, in their referral dated May 17, 2007, stated that this development will have
no conflicts with their interests.
D. Section 27-6-120.6.d- That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article II the Weld
County Code. The proposed PUD will be serviced by North Weld County Water District and the
language for the draft agreement has been approved by the Weld County Attorney; a letter of
commitment for service from the North Weld County Water District has yet to be supplied by the
applicant. An executed agreement between the applicant and the North Weld County Water District
securing water for the PUD shall be provided at the time of final plan submission. Individual Sewage
Disposal Systems will handle the effluent flow; the Weld County Department of Public Environment,
in their referral response received June 6, 2007, approved Individual Sewage Disposal Systems.
• E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic requirements of
the uses of the proposed PUD Zone District. The Weld County Department of Public Works has
indicated that this development will introduce additional vehicle trips to the roadway system. This
increased level of traffic on unpaved roads creates fugitive dust and surface maintenance problems.
The Department of Public Works has required the applicant to enter into an Agreement for
Improvements to County Roads& Road Stabilization for Dust Control. The applicant shall submit a
proposed off-site agreement with the final plan application to be approved by the Board of County
Commissioners prior to recording the final plat.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site improvements
agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a
road improvements agreement is complete and has been submitted, if applicable. Conditions of
approval ensure that the applicant will complete an on-site(Private) Improvements Agreement that
addresses all improvements associated with this development,per compliance with Section 24-9-10
of the Weld County Code prior to recording the final plat.The applicant is also required to enter into
an off-site Agreement for Improvements to County Roads& Road Stabilization for Dust Control and
future paving of County Road 84.
G. Section 27-6-120.6.g- That there has been compliance with the applicable requirements contained
in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits,
and soil conditions on the subject site. The Colorado Geological Survey, during the Sketch Plan
Application Phase, indicated that site-specific geotechnical investigations should be done for all
planned structures.
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
Resolution PZ-1131
Robert Buderus
Page 3
• This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for nine (9) lots with Estate Zone 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-1131. (Department of Planning Services)
2). The plat shall adhere to Section 27-9-20 of the Weld County Code. (Department of Planning
Services)
3). County Road 84 is classified by the County as a local gravel road (Weld County Roadway
Classification Plan, June 2002)adjacent to the proposed development requiring a 60-foot right-
of-way.The applicant shall verify the existing right-of-way and the documents creating the right-
of-way shall be noted on the Change of Zone Plat. If the right-of-way cannot be verified, it will be
dedicated on the final plat. (Department of Public Works)
4). The internal roadway(Serenity View Way)right-of-way shall be sixty(60)feet in width including
cul-de-sacs with a sixty-five (65)foot radius, and dedicated to the public. The typical section of
interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the
change of zone plat.The cul-de-sac edge of pavement radius shall be 50 feet. (Department of
Public Works)
5). The applicant shall change 'Open Space 1' and 'Open Space 2' to 'Tract 1' and 'Tract 2'
respectively. (Department of Planning Services)
6). Intersection sight distance triangles at the development entrance(s) will be required. All
landscaping within the triangles must be less than 3 1/2 feet in height at maturity, and noted on
the final roadway plans. (Department of Public Works)
B. The applicant shall submit a plan detailing how Tract 1 and Tract 2 will be irrigated and maintained.
(Department of Planning Services)
C. The applicant shall address the requirements of the Weld County Department of Public Health and
Environment, as stated in the referral response dated June 6, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall address all redline comments in the drainage report and on the construction plan
drawings as per the Department of Public Works referral received June 7, 2007. (Department of
Public Works)
E. The applicant shall address all other issues in the referral from the Department of Public Works
received June 7, 2007. Evidence that the Department of Public Works concerns have been
addressed to their satisfaction shall be provided to the Department of Planning Services.
(Department of Public Works)
F. The applicant shall address the requirements of Weld County School District RE-4 as stated in the
referral response dated May 8, 2007. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
G. The applicant shall address the requirements of the Weld County Department of Building Inspection,
• as stated in the referral response dated May 24, 2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
Resolution PZ-1131
Robert Buderus
Page 4
• H. The applicant shall address the requirements of the Weld County Sheriff's Office, as stated in the
referral response dated June 7, 2007. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
The applicant shall address the requirements of the Poudre Valley Fire Protection District, as stated
in the referral response dated June 13, 2007. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
J. The applicant shall either submit to the Department of Planning Services a copy of an agreement
with the properties mineral owners and lessees stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or indicate the 400' x 400' and the 800' x
800' drilling envelope locations per state statute. (Department of Planning Services)
K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
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. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for nine(9)
residential lots with E (Estate)Zone District Uses with 9.94 acres of open space referred to as'tract
1' and 'tract 2' and a 5 +/- acres non-buildable outlot for oil and gas activities. The PUD will be
subject To and governed by the Conditions of Approval and state hereon and all applicable Weld
County Regulations. (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 as provided in Appendix 22-E of the Weld County Code shall be
placed on any recorded plats. (Department of Planning Services)
D. All landscaping within the site distance triangles must be less than 31/2 feet in height at maturity.
(Department of Public Works)
E. Potential purchasers should be aware that preliminary percolation data indicates there is a potential
for perched water tables because of shallow bedrock and permeable soils above. Preliminary
percolation rates were found to be 8 to 10 minutes per inch and bedrock was found at 4 feet below
grade. Some areas are anticipated to have engineered septic systems. (Departments of Public
Works and Public Health and Environment)
F. Water service shall be obtained from the North Weld County Water District. (Department of Public
Health and Environment)
G. 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)
H. A stormwater discharge permit may be required for a development/redevelopment/construction site
where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area.
Contact the Water Quality Control Division of the Colorado Department of Public Health
• and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department
of Public Health and Environment)
Resolution PZ-1131
Robert Buderus
Page 5
• I. During development of the site, all land disturbances shall be conducted so that nuisance conditions
are not created. If dust emissions create nuisance conditions, at the request of the Weld County
Health Department, a Fugitive Dust Control Plan must be submitted. (Department of Public Health
and Environment)
J. 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)
K. 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)
L. A separate building permit shall be obtained prior to the construction of any building or structure
including entry gates and signs. All signs including entrance signs shall require building permits.
Signs shall adhere to Section 23-4-80 and Section 23-4-110 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs. (Department of Building Inspection
and Planning Services)
M. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Residential building plans may be required to bear the wet stamp of a Colorado
registered engineer or architect. (Department of Building Inspection)
N. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2006 International Residential Code; 2006
• International Building Code;2006 International Mechanical Code;2006 International Plumbing Code;
2006 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
O. Each building will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer. Engineered foundations
shall be designed by a Colorado registered engineer. (Department of Building Inspection)
P. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by Chapter 23 of the Weld County Code. (Department of Building Inspection)
Q. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. W hen measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
R. Prior to construction of any building, a letter of approval from the Poudre Valley Fire Protection
District must be submitted to the Weld County Department of Building Inspection. (Department of
Building Inspection)
S. 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)
Resolution PZ-1131
Robert Buderus
Page 6
• T. 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) (Department of Planning Services)
U. The property owner acknowledges that mineral owners and lessees have real property interests that
entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado Oil
and Gas Conservation Commission regulations. (Department of Planning Services)
V. The property owner shall allow any mineral owner or lessee the right of ingress or egress for the
purposes of exploration development, completion, re-completion, re-entry, production and
maintenance operations associated with existing or future operations located on these lands.
(Department of Planning Services)
W. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of
Planning Services)
X. 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)
Y. 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)
Z. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, Planning Services, Building
Inspection, and adopted Weld County Code and Policies. (Department of Planning Services)
• AA. 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)
BB. 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)
CC. 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)
•
Resolution PZ-1131
Robert Buderus
Page 7
• 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required thirty (30) days from the date of the Board of County Commissioners
resolution a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
5. At the time of Final Plan submission:
A. The plat shall indicate the location of the development sign and mailbox location on an approved
outlot; the sign and mailboxes shall be on property owned and maintained by the Homeowners
Association. (Department of Planning Services)
B. The applicant shall submit to the Department of Planning Services evidence that the chosen interior
street name, Serenity View Way, and addressing have been reviewed by the Weld County Sheriffs
Office, the Weld County Ambulance Services, and the appropriate postal district. (Department of
Planning Services)
C. The applicant has proposed a mailbox delivery unit at the entrance of the subdivision.The applicant
shall include evidence in the final plan application that the appropriate postal district has accepted
the proposal. (Department of Planning Services)
D. The applicant has proposed a school bus turnaround at the entrance of the subdivision. The
applicant shall include evidence in the final plan application that the appropriate school district has
accepted the proposal. (Department of Planning Services)
E. The applicant shall submit an executed agreement securing water from the North Weld County
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)
F. All copies of the final plan application shall include a copy of the proposed addressing as indicated in
the referral dated May 23, 2007 from Weld County Building Inspection. The applications shall also
include an interior road name(Serenity View Way)which follows the recommendations made in the
same referral. (Department of Planning Services)
G. Easements shall be shown on the final plat in accordance with County standards(Section 24-7-60 of
the Weld County Code) and /or Utility Board recommendations. (Department of Public Works)
H. The applicant shall submit three copies to Public Works stamped, signed and dated final plat
drawings and roadway/construction&grading plan drawings for review an approval. Construction
details must be included. (Department of Public Works)
The applicant shall submit an Improvements Agreements According to Policy Regarding Collateral
for (Public and Private) Improvements with the final plan application. This agreement must be
reviewed by County Staff and shall be approved by the Board of County Commissioners prior to
recording the final plat. (Departments of Public Works and Planning Services)
J. A final drainage report stamped, signed and dated by a professional engineer licensed in the Sate of
Colorado shall be submitted with the final plan application. The 5-year storm and 100-year storm
drainage studies shall take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of the 100-year storm
developed condition while releasing the 5-year storm existing condition. The final drainage report
shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall
reference the specific map panel number, including date.The development site shall be located on
• the copy of the FEMA, FIRM Community Panel Map #0475D. (Department of Public Works)
Resolution PZ-1131
Robert Buderus
Page 8
K. The applicant shall prepare a construction detail for typical lot grading with respect to drainage for
the final plan application. Front, rear and side slopes around building envelopes must be addressed.
In addition, drainage for rear and side lot lines swales shall be considered. Building envelopes must
be planned to avoid storm water flows, while taking into account adjacent drainage mitigation.
(Department of Public Works)
L. Final drainage construction and erosion control plans(Conforming to the drainage report submitted
May 7, 2007 by the applicant)stamped, signed and dated by a professional engineer licensed in the
State of Colorado shall be submitted with the final plan application. These plans (stormwater
management plans)may be based on Urban Drainage methodology. (Department of Public Works)
M. A final Subsurface Exploration Report signed, stamped and dated by a registered Professional
Engineer in the state of Colorado shall be submitted with the final plan application. (Department of
Public Works)
N. A pavement design prepared by a professional engineer must be submitted with the final plan
application materials. (Department of Public Works)
O. Stop signs and street name signs will be required at all intersections and shown as a signing plan on
final roadway plans.The current edition of the Manual on Uniform Traffic Control Devices(MUTCD)
shall govern the signing plan. (Department of Public Works)
P. The applicant shall submit three (3) copies of the covenants for Serenity View Estates. The
covenants shall be approved by the Weld County Attorney's Office and Department of Planning
Services prior to recording the final plat. The covenants shall address restriction of livestock to
prevent the loss of vegetative cover. The Covenants shall also address measures to prevent
• overgrazing of pasture as no irrigation water is being proposed for the subdivision. Finalized
covenants and the appropriate fee shall be submitted for recording with the final Mylar plats.
(Department of Planning Services)
6. Prior to recording the final plat:
A. The applicant shall submit evidence to the Department of Planning Services that the required School
District cash-in-lieu of land dedication fee for RE-4 has been paid as per the referral dated April 16,
2007. (Department of Planning Services)
B. The applicant shall enter into Public, Private, and Associated Improvements Agreements According
to Policy Regarding Collateral for Improvements. These agreements shall be approved by the
Board of County Commissioners. (Departments of Planning Services and Public Works)
C. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the state. (Department of Planning Services)
D. The applicant shall submit the appropriate recording fee ($6 for the first page and $5 for all others)
and a deed which transfers ownership of the outlet(s)to the Homeowners Association. (Department
of Planning Services)
E. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5 for
each additional page) to the Department of Planning Services for recording the Restrictive
Covenants for Serenity View Estates in the Office of the Clerk and Recorder. (Department of
Planning Services)
• F. The applicant shall submit a copy of a finalized Water Service Agreement between the applicant and
North Weld County Water District for service to the PUD. (Department of Planning Services)
Resolution PZ-1131
Robert Buderus
Page 9
• G. 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). (Department of Planning Services)
Motion seconded by Roy Spitzger.
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
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.
I
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 July 3, 2007.
Dated the 3rd of July, 2007.
Kristine Ranslem
Secretary
S
:3 -02007
• The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that Case USR-1603,be continued indefinitely,seconded by Bruce Fitzgerald. Motion
carried.
CONSENT ITEMS
CASE NUMBER: PZ-1130
APPLICANT: Gary Mackey&Michael Cohrs
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot B of RE-4589 and Lot A of RE-2792 both being Pt NW4 of Section
6,T7N,R65W of the 6th P.M.,Weld County,Colorado.
REQUEST: Change of Zone from(A)Agricultural to PUD(Mackey Circle)for six(6)
lots with(E)Estate Uses.
LOCATION: South of and adjacent to CR 86 and West of and adjacent to CR 37.
The Chair read the case into record.
Hannah Hippely,Department of Planning Services,stated that staff would like this case to remain on consent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bruce Fitzgerald moved that Case PZ-1130,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,Tom Holton seconded the motion. Motion carried.
• HEARING ITEMS
CASE NUMBER: PZ-1131
APPLICANT: Robert Buderus
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot B of RE-3684;Part of the SW4 and SE4 of Section 5,T7N,R67W of
the 6th P.M.,Weld County,Colorado.
REQUEST: Change of Zone from(A)Agricultural to PUD(Serenity View Estates)for
nine(9)lots with(E) Estate Uses(59 acres)and two(2)non-residential
outlots(15 acres)for open space.
LOCATION: North of and adjacent to CR 84 and approximately v2 mile east of CR 15.
The Chair read the case into record.
Roger Caruso, Department of Planning Services,stated that the applicant Robert Buderus,has applied for
a Planned Unit Development Change of Zone from A(Agricultural)to Planned Unit Development with
Estate uses for nine(9)residential lots 9.94 acres of common open space and 5+1-acre non-buildable oil
and gas envelope. The development is referred to as Serenity View Estates PUD.
The sign announcing the Planning Commission hearing was posted on June 15,2007 by staff.
Serenity View Estates PUD is located 'h mile east of County Road 15 and north of and adjacent to County
Road 84. Surrounding properties to the south,east,and west are primarily agricultural with a few
residents.
Sixteen referral agencies reviewed this case,fifteen referral agencies included conditions that have been
addressed through the development standards and conditions of approval. No comments were received
from the Colorado Division of Wildlife.
The applicant has chosen to adhere to the bulk requirements of the E(Estate)Zone District.
• EXHIBIT
a (I3f
• 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 Severance and Larimer County. The Town of
Severance and Larimer County indicated no conflicts with their interests.
The proposed development is considered urban scale based on the definition of urban scale
developments per section 27-2-190 of the Weld County Code which states that Urban Scale
developments exceeding nine(9)lots and/or located in close proximity to existing PUD's subdivisions,
municipal boundaries or urban growth corridors and boundaries. The proposed subdivision is in close
proximity to Peace Haven Minor Subdivision and Tranquility PUD.Therefore the proposed development
shall adhere to the requirements and conditions of an urban scale development(internal roadway shall be
paved with curb,gutter and sidewalks and at least 15%of open space shall be designated on the plat).
Section 27-2-60 of the Weld County Code defines common open space as usable parcel of land or water
unimproved and set aside for public or private use.The Department of Planning Services is in support of
the applicant's proposed open space.
No comments have been received from surrounding property owners.
The Department of Planning Services would like the Change of Zone staff report changed to reflect new
language with the request due to an addition of an oil and gas envelope as noted in the memo and
discussed between the applicants representative and the mineral owners. The oil and gas envelope will
take up approximately 5 acres of what would have been proposed open space.
The Department of Planning Services has determined that the conditions of approval and development
standards will help ensure the proposal is consistent with the Weld County Code and ensure that there are
adequate provisions for the protection of health, safety and welfare of the inhabitants of the county.
Jeff Couch,Team Engineering, 3468 Shallow Pond Dr, Fort Collins CO stated that with him today is Doug
Kinslater who is the project coordinator and the owner, Robert Buderus. Mr. Couch commented that the
project is fairly simple as it is a minor subdivision PUD. He added that they laid it out to take advantage of
the ridge and three lots. Mr.Couch continued to add that it has one access and there are a lot of features
•
to the subdivision. The North Weld County Water District is bringing an 18"water line up the north side of
the road way and they are participating with them in providing easements for that extension. Mr.Couch
added that they are providing a dual system,which means that they will not only have water for potable
uses but will also have a pressurized system for irrigation and the Cactus Hill Lateral will be improved over
the next three years. Mr. Couch further added that there are a lot of benefits to that as it will give a little
better maintenance for the property and also allows the North Weld County Water District to keep their Ag
component or their water portfolio in service which allows them to use that water and not lose it if it's not in
use. Mr.Couch continued by saying that a lot of subdivisions in this area are going to that type of system.
Mr.Couch commented that they have had a couple meetings with Anadarko and in providing some open
space they wanted a center piece in there that is functional to the southeast and northeast corner for
drainage. The center piece is open space for the layout of utilities. Anadarko has some well sites in the
upper half of it and then has a tank battery and facilities in the lower portion of that.
Doug Ochsner asked what the size of the lots are. Mr.Couch said they range from 3.15 acres to almost 8
acres.
Commissioner Ochsner asked what the plans were for the open space with regard to irrigation,etc. Mr.
Couch replied that they had not planned on irrigating the open space with the dual system as it was
reserved for the lots themselves. Some of the plans for the open space that they have indicated were a
gazebo,some trees and paths to the gazebo to try and create a center piece and develop a sense of
community for the subdivision. Mr.Couch indicated that they need to work with Brian, Department of
Public Works, in planning that area.
Commissioner Ochsner voiced his concern with open space that sometimes it is ignored and it looks good
on the map but doesn't necessary evolve to that when there is no water service to the open space and is
basically dry land and it's hard to grow anything. Mr.Ochsner added that then it is hard to have it as a
recreational use and open space that the community can use. Mr.Couch commented that at this time
they do not have plans to irrigate it although that with the system in place it's possible that it could be
done. Mr.Couch added that they would look at it and see if they could do that. The ditch itself will
• probably not be in place for another 2-3 years so it would be a gravity flow system for now.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Terry Enright,representing Anadarko Petroleum, 1999 Broadway, Ste 3700, Denver CO 80202 said that
they feel that they are making good progress with the developer as they have provided ample space for
three proposed well heads and the associated production equipment. Mr. Enright added that they have
tried to provide a way in which to minimize traffic into the development by locating the production
equipment down in the southeast corner of the 9.94 acres. They are moving forward with a Surface Use
Agreement and are making good progress regarding any changes of the language of the SUA,but at this
time it appears to be moving along positively.
Don Carroll,Department of Public Works,stated that the applicants have indicated that they will pave internal
roads 24'wide,4'gravel shoulders and there is a cut de sac at the end that will be paved as well.
Commissioner Fitzgerald asked if this subdivision comes off of a paved road. Mr.Carroll stated that it does
not and they are proposing a dust abatement plan from the subdivision to the nearest paved road which would
be to County Road 15.
Pam Smith, Department of Health, said that the site will be served by septic systems and two preliminary
perks were done. One was done on the property of the western side of the road and the other one was done
on the eastern side and both of those had good perk rates but they also both showed shallow bed rock at
about four feet so they can anticipate some engineered septic systems because of that. Ms.Smith added that
they do have to maintain a 100'setback to the Cactus Hill Lateral which is on the east edge of the property
and should not be a problem as the lots there are large enough to accommodate that.
Commissioner Fitzgerald asked Ms. Smith if she sees the need to require envelopes for leach fields. Ms.
Smith replied that she typically doesn't if the lots are 2%a acres or larger and some of that can depend on what
activities are out there or some physical features that are there,however in this case she did not.
Commission Auer commented that Mr.Caruso gave the members of the board a memo which he referred to
• in his presentation with regard to Item 2.A and asked Mr.Caruso if he had anything he would like to add. Mr.
Caruso commented that in regard to irrigation, Item 1.6 does state that the applicant shall submit a plan
detailing how tract 1 and 2 will be irrigated and maintained and staff can require them to irrigate it until it gets
established.
Commissioner Ochsner echoed his comment earlier that he has seen too many open spaces that have been
left as open space and nothing done to them. Since we are requiring open space as a county,what comes
next after dedicating it as open space? Mr. Caruso replied that the HOA is suppose to maintain it and has
control over it and we do want a plan saying how they will irrigate and maintain it,however after some point the
HOA is in control of the open space.
Commissioner Fitzgerald asked Mr.Ochsner what he would rather see. Mr.Ochsner commented that he is
not sure but would rather see either the requirement dropped for open space or would like to see some
standards set on open space that it is a viable piece of land instead of just a wasted piece of ground.
Commissioner Fitzgerald commented that in this case the open space is going to be at the entrance of the
subdivision and would expect them to have a driving force to keep that mowed and maintained.
Commissioner Ochsner agreed, however the applicant states that they are not going to have an irrigation
system in there and it throws up a red flag for him.
Commissioner Holton asked Mr. Ochsner if he thought all open space should be irrigated. Mr. Ochsner
replied no, but does not want it to be an eye sore to the county. Mr. Ochsner commented that he is not
necessarily in favor of having the open space and doesn't believe that this type of development really needs to
have open space that the residents of this subdivision can use. However it states in the county that we are
requiring open space,therefore they must meet that obligation,but his concern is that it becomes an eye sore.
Mr.Caruso commented that the reason there is a requirement for open space is because they are in close
proximity to other subdivisions. Mr. Caruso added that their plan for open space will evolve and staff can
require that certain vegetation be started and established and then from there plans for gazebos and open
• trails can be worked on.
Commissioner Lawley asked if there was anything in the landscaping plan that deals with maintenance. Mr.
Caruso replied that we require it to be maintained and owned by the HOA.
Commissioner Fitzgerald moved that the request be changed to Change of Zone from A(Agricultural)to PUD
(Planned Unit Development)for nine(9)residential lots with E(Estate)Zone District uses with 9.94 acres of
open space referred to as'tract 1'and'tract 2'and a 5+1-acre non-buildable outlot for oil and gas activities.
Commissioner Spitzer seconded the motion. Motion carried.
Commissioner Fitzgerald moved that Item 2.A on page 6 of 12 be added as submitted by staff,seconded by
Commissioner Holton.
The Chair asked the applicant and representatives if they have read through and are in agreement of the
amended Conditions of Approval and Development Standards. Mr. Couch replied that they are and
commented that with regard to the open space they will put a plan together to address some of Mr.Ochsner's
concerns.
Commissioner Holton moved that Case PZ-1131,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,Commissioner Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes; Roy Spitzer,yes;Doug Ochsner,
yes with comment;Chad Auer,yes. Motion carried unanimously.
Commissioner Ochsner commented that we either revisit the code and do away with the open space
requirement or make stronger development standards to ensure that the open space is taken care of.
Meeting adjourned at 2:09 p.m.
• Respectfully submitted,
!Pdirladin
Kristine Ranslem
Secretary
•
Hello