HomeMy WebLinkAbout20072522.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald,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-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.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of the
Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23(Zoning), Chapter 24(Subdivision) and Chapter 26(Mixed Use
Development) of the Weld County Code. The proposed subdivision is not located in an area
affected by an intergovernmental agreement. Section 22-2-60.C states, "provide mechanisms for
the division of land which is agriculturally zoned. Options for division shall be provided to ensure the
continuation of agricultural production and accommodate low intensity development." The proposed
six lot subdivision is located on the dry corner of a productive farm. The applicant is proposing to
change the zoning to PUD with Estate uses and conform to the regulations in Chapter 23 pertaining
to the Estate Zone District.
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 ll, Chapter 27 of the Weld
County Code. The applicant has met all of the 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 Ault and the
Town of Pierce, neither town responded with comments regarding the proposed Change of Zone
application. In the referrals received in response to the sketch plan dated October 19, 2006 and
October 24, 2006 respectively, both towns indicated that they did not have a conflict with the
proposal.
D. Section 27-6-120.6.d- That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article II the Weld
County Code. The proposed PUD will be serviced by North Weld County Water District and
Individual Sewage Disposal Systems will handle the effluent flow. As per the referral dated May 29,
2007 the Department of Environmental Health has reviewed and recommended approval of the
application. The County Attorney has reviewed and approved the draft water service agreement
from North Weld County Water District.
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 37 is classified as
local paved road, as stated in the referral dated May 16, 2007 the Weld County D
Public Works has not required improvements to County Road 37. EXHIBIT
2007-2522 9
1'Z-tt l(,
Resolution PZ-1130
Gary Mackey& Michael Cohrs
Page 2
r^ F. Section 27-6-120.6.E- 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 Improvements Agreement will require
the construction of an internal road which will be dedicated to the County but maintained by the
Homeowners Association.
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. Parts of the proposed subdivision are encumbered by
floodplain as shown on the FIRM Community Panel Map 080266 0480C. The location of the
floodway within the designated floodplain has not been determined and instead of locating the
precise location of the floodway the applicant has chosen to designate the entire floodplain as a no
build zone. In the referral dated June 15,2006,the Colorado Geological Survey did not indicate the
presence of mineral deposits and noted that there are no geological conditions the would preclude
subdivision but noted that the existence of"expansive,collapsible and/or low-strength soils are likely
present on-site".
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.
This approval recommendation is based upon compliance with Chapter 27 requirements.
r
The Change of Zone from A (Agricultural) to PUD for six (6) lots with Estate Zone District 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-1130. (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 37 is classified by the County as a local paved road 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 (labeled & dimensioned) on the
Change of Zone plat. If the right-of-way cannot be verified, it shall be dedicated on the final plat.
(Department of Public Works)
4) Primary and Secondary septic envelopes shall be placed on Lot 5. All septic system envelopes
must meet all setbacks. (Department of Public Health and Environment)
5) Portions of the proposed subdivision lies in a Zone-A Flood Hazard Area as shown on the Flood
Insurance Rate Map dated September 28, 1982 (FIRM 080266 0480C). All portions of
all lots located in the 100-year floodplain shall be designated as no build zones. (Department of
Public Works)
B. The applicant shall submit to the Department of Planning Services a finalized, executed, and
recorded copy of the Water Service Agreement between the applicant and North Weld County
Water District for service to the PUD. (Department of Planning Services)
Resolution PZ-1130
Gary Mackey& Michael Cohrs
Page 3
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 six(6)
residential lots.The lots will adhere to the uses allowed in the E(Estate)Zone District except for the
allowance of Auxiliary Quarters as defined by Section 23 -1-90. The PUD will be subject to and
governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations.
(Department of Planning Services)
B. All landscaping within the site distance triangles must be less than 3 'V2 feet in height at maturity.
(Department of Planning Services)
C. A Home Owners 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)
D. Water service shall be obtained from North Weld County Water District. (Department of Public
Health and Environment)
E. This subdivision 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. Septic systems shall be
designed for site specific conditions including, but not limited to, shallow groundwater, bedrock,
gravel and/or clay. (Department of Public Health and Environment)
F. 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)
G. 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)
H. 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)
I. 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)
J. A separate building permit shall be obtained prior to the construction of any building or structure
including any future entry way and or gates. (Department of Building Inspection)
K. A plan review is required for each building for which a building permit is required. Residential
building plans may be required to bear the wet stamp of a Colorado registered architect or engineer.
(Department of Building Inspection)
Resolution PZ-1130
Gary Mackey& Michael Cohrs
Page 4
L. 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)
M. 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)
N. 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)
O. Building height shall be measured in accordance with the applicable 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. Offset and setback requirements
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)
P. Prior to the release of building permits,the applicant shall submit evidence of approval from the Ault
Fire Protection District to the Weld County Building Department.
Q. All signs including entrance signs shall require building permits. Signs shall adhere to Chapter 23
Division 2 of the Weld County Code.These requirements shall apply to all temporary and permanent
signs. (Department of Planning Services)
R. 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)
S. 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)
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of
Planning Services)
U. The property owner shall be responsible for compiling with the Performance Standards of Chapter
27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services)
V. 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)
W. The site shall comply with all applicable rules and regulations of the State and Federal agencies and
the Weld County Code. (Department of Planning Services)
X. 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)
i Resolution PZ-1130
Gary Mackey& Michael Cohrs
Page 5
Y. 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)
Z. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
AA. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including
conflicts with longstanding agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:open
views, spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere and way of
life. Without neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads;dust from animal pens,field work,harvest,and gravel roads;odor from
animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the
use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved out of the way of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102,C. R. S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement,ambulance,and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the
same kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
Resolution PZ-1130
Gary Mackey& Michael Cohrs
Page 6
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their
children.
3. 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)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services for recording
within thirty(30)days of approval by the Board of County Commissioners.With the Change of Zone plat
map,the applicant shall submit a digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are.shp(Shape
Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is
.tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
5. 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)
6. At the time of Final Plan submission:
A. The applicant shall submit an Improvements Agreements According to Policy Regarding Collateral
for (on-site) Improvements with the final plan application. This agreement must be reviewed and
approved by County Staff. (Departments of Public Works and Planning Services)
B. The plat shall indicate the location of the development sign and mailbox location.An outlot shall be
created so that the sign and mailboxes can be on property owned and maintained by the
Homeowners Association. (Department of Planning Services)
C. The applicant shall submit evidence that the appropriate postal district has reviewed and approved
the design of the mailbox pull off. (Department of Planning Services)
D. The applicant shall name the interior road in accordance with Section 2-13-70 of the Weld County
Code as per the Weld County Department of Building Inspection,addressing referral dated May 22,
2007 (Department of Planning Services)
E. All copies of the final plan application shall include a copy of the proposed street name as indicated
in the referral dated May 22, 2007 from Weld County Building Inspection. (Department of Planning
Services)
F. The applicant shall submit to the Department of Planning Services evidence that the chosen interior
street name and addressing has been reviewed by the Weld County Sheriffs Office, the Weld
County Ambulance Services,and the appropriate postal district. (Department of Planning Services)
G. Public Works received a Preliminary Subsurface Exploration and Geologic Hazards Report dated
August 24, 2006. This report was prepared by Earth Engineering Company, Inc., and is stamped,
signed, and dated by Michael Joseph Coley, P.E. #35724. At the time of Final Plat submittal, the
Final Subsurface Exploration and Geologic Hazards Report must be delivered to Public Works for
review. This report shall be signed,stamped,and dated by a registered P.E. licensed to practice in
the State of Colorado. (Department of Public Works)
Resolution PZ-1130
Gary Mackey& Michael Cohrs
Page 7
H. The applicant shall submit,with the final plan materials,a pavement design for the internal roadway
prepared by a professional engineer. (Department of Public Works)
I. The applicant shall submit to the Department of Planning Services on behalf of the Department of
Public Works three copies of stamped, signed and dated final plat drawings and roadway /
construction & grading plan drawings for review and approval with the final plan application.
Construction details must be included. (Department of Public Works)
J. 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)
K. Easements shall be shown on the final plat in accordance with County standards (Section 24-7-60
and 27-9-40 of the Weld County Code) and /or Utility Board recommendations. (Department of
Public Works)
L. As per the application materials submitted at Change of Zone the applicant has agreed to install two
fire hydrants at the request of the Ault Fire Protection District. The location and design of these
hydrants shall be located on the utility map. Three additional copies(in excess of the 25 required)of
the utility map shall be submitted at Final Plat. (Department of Public Works)
M. A final drainage report stamped, signed and dated by a professional engineer licensed in the State
of Colorado shall be submitted with the final plan application.The 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 engineer will be
required to show stormwater(detention)detailed calculations in the sealed final drainage report.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 FIRM Community Panel Map#080266 0408C. (Department of
Public Works)
N. The applicant must show the proposed detention facility and corresponding reservation on the final
plan materials. The maintenance of the detention pond shall be addressed. (Department of Public
Works)
O. The applicant shall address all redline comments in the drainage report and on the construction plan
drawings as per the Department of Public Work's referral dated May 16, 2007. (Department of
Public Works)
P. Portions of the proposed subdivision lies in a Zone-A Flood Hazard Area as shown on the FEMA
Flood Insurance Rate Map dated September 28, 1982 (FIRM Community Panel Map # 080266
0480C). All portions of all lots located in the 100-year floodplain shall be designated as no build
zones on the final plat. (Department of Public Works)
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 line swales shall be considered. Building envelopes must
be planned to avoid storm water flows, while taking into account adjacent drainage mitigation.
(Department of Public Works)
Q. 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. These plans (Stormwater Management Plans) may be based on
Urban Drainage methodology. (Department of Public Works)
Resolution PZ-1130
Gary Mackey& Michael Cohrs
Page 8
R. The applicant shall address all other issues in the referral from the Department of Public Works
dated May 16,2007. 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)
S. The applicant shall submit three(3)copies of the covenants for Mackey Circle.The covenants shall
be approved by the Weld County Attorney's Office prior to recording the final plat. (Department of
Planning Services)
T. Language for the preservation and/or protection of the absorption field envelopes shall be placed in
the development covenants. The covenants shall state that activities such as permanent
landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field
site. (Department of Public Health and Environment)
7. 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 has been paid as per the referral dated April 16, 2007.
(Department of Planning Services)
B. As per the Department of Public Works'referral dated May 16, 2007,the applicant shall enter into
Improvements Agreement According to Policy Regarding Collateral for Improvements. The
agreement 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 outlot(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 Mackey Circle in the Office of the Clerk and Recorder. (Department of Planning
Services)
F. 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)
Resolution PZ-1130
Gary Mackey& Michael Cohrs
Page 9
Motion seconded by Tom Holton.
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.
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
r
7 - 3- ,.2rrm7
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 1/2 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 +/- 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 1/2 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
Pvi 'It3
Doug Ochsner asked if the board is legally bound to include the request in the file because this could be
misunderstood by anyone from the public. Mr. Ochsner continued to ask if there is there a need to include this
in the file or can we just notify him that he can make a presentation to the County Commissioners and not
include this in the case file.
Bruce Barker recommended placing this into a general correspondence file.
Paul Branham commented that he doesn't see this as a major problem. The one issue that Doug mentioned
regarding the direction, okay that was a minor error, however there was several indications of the correct
location and doesn't feel that the rest of the request is something the board should be concerned about and
should not change the minutes. Mr. Branham feels that since it is important to Mr. Ballstadt that it should be
included in the case file in the event it is ever brought up in the future.
Paul Branham moved that a copy of the correspondence from Mr.Ballstadt,Town of Windsor,be included in
the case file, seconded by Bruce Fitzgerald.
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; Doug Ochsner, yes; Chad Auer,
yes. Motion carried unanimously.
CONTINUED ITEMS
The Chair read the case into record.
CASE NUMBER: MF-1025
PLANNER: Hannah Hippely
APPLICANT: Robert Parsons
LEGAL DESCRIPTION: Lot B of RE-3358; being Part of the NW4 of Section 10,T7N, R67W of
the 6th P.M.,Weld County Colorado.
REQUEST: Minor Subdivision Plat for 8 residential lots, Peace Haven Estates,with
Estate Zoning.
LOCATION: East of and adjacent to CR 19 and south of and adjacent to CR 84. For
a more precise location, see legal.
Hannah Hippely, Department of Planning Services, presented case MF-1025.
Ms. Hippely stated that the applicant, Robert Parsons, has requested a continuance of MF-1025 to the
July 3rd, 2007 Planning Commission hearing. The applicant needs the extra time to address outstanding
issues in regards to the drainage report for the subdivision.
While staff is supportive of the request for a continuance we would prefer that the case be continued
indefinitely. Past assurances that the drainage issues were being resolved have repeatedly not resulted
in any progress and to date no progress has been made since the last request for a continuance.
Bruce Fitzgerald asked if it is continued indefinitely, could the case still be heard at the July 3, 2007 date.
Ms. Hippely replied that we would re-notify again and schedule a new hearing and the date would depend
upon when they submit their drainage report.
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 MF-1025 be continued indefinitely, Doug Ochsner seconded the motion.
Motion carried.
The Chair read the next case into record.
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 NE4 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.
Hannah Hippely, Department of Planning Services stated that the applicant, Mr. Mackey, has requested a
continuance of PZ-1130 to the July 3rd, 2O07 Planning Commission hearing. The applicant has been
diligent in his efforts to address drainage issues through the resubmittal of plans and the new drainage
report. The resubmittal of these materials requires additional review time and the necessity for this
continuance.
Staff is supportive of this request.
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 PZ-1130 be continued to July 3, 2007, Mark Lawley seconded the motion.
Motion carried.
CONSENT ITEMS
CASE NUMBER: AmUSR-646
APPLICANT: Paul& Michael Hungenberg do Petroleum Development Corporation
(PDC)
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Portions of Section 32 and 33,T6N, R65W of the 6th P.M.,Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil
and Gas Production Facility(continuing permitted oil and gas
production facilities and an additional 2 oil and gas wells& 1 additional
tank battery facility)in the R-1 (Low-Density Residential)Zone District.
LOCATION: East of and adjacent to 1st Avenue (CR 41)and .75 miles South of O
Street(CR 64).
The Chair asked if any of the Commissioners wish to pull AmUSR-646 from consent to be heard. No one
wished to speak.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Ochsner moved that Case AmUSR-646, 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.
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; Doug Ochsner, yes; Chad Auer,
yes. Motion carried unanimously.
HEARING ITEMS
The Chair read the case into record.
CASE NUMBER: USR-1610
APPLICANT: Michael & Melanie Scott
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot 13, Block 17, Camfield Townsite, Part NE4 of Section 18, T7N,
R64W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for
Hello