HomeMy WebLinkAbout20071272.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-1116
APPLICANT: Lone Tree Estates
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot C of RE-3846, part of the NW4 of Section 27,T7N, R65W of the 6th
P.M.,Weld County, Colorado.
REQUEST: Lone Tree Estates PUD, Change of Zone from the A(Agricultural)Zone
District to PUD for three (3)lots with (E) Estate Zone uses except that 2
cattle per acre are allowed.
LOCATION: East of and adjacent to CR 43 and approximately 1/2 mile north of CR
76.
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 proposed site is not influenced by
an Inter-Governmental Agreement. The proposal is consistent with the aforementioned
documents as follows:
1. Section 22-2-60.C (A. Goal 3) —Provide mechanism 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.
Urban-scale residential, commercial and industrial development will be discouraged
in areas where adequate services and infrastructure are not currently available or
reasonably obtainable. The applicant is proposing a low density residential
development 3 lots on 24.7 acres. The minimum lot size is 6.719 acres with an
overall density of one septic system per 8.2 acres which does meet the current
Department of Public Health and Environment policy.
2. Section 22-2-60.D (A. Goal 4) — Conversion of agricultural land to nonurban
residential, commercial, and industrial uses will be accommodated when the subject
site is in an area that can support such development. Such development shall
attempt to be compatible with the region. This goal is intended to address
conversion of agricultural land to nonurban uses. Once converted, this land is less
conducive to agricultural production. The proposed PUD will be serviced by North
Weld County Water District for potable water requirements. Fire protection will be
provided by sprinkler systems. Individual sewer disposal systems are proposed to
handle the effluent flow. The Department of Public Health and Environment in their
referral dated January 29, 2007, state the Geotechnical Exploration Report by Two
Rivers Testing dated February 2006 does not include any preliminary percolation
data. The lots are large and locating a septic system on the lots is not anticipated to
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be a problem from a geotechnical standpoint; however, portions of Lots 1 and 3 and
all of Lot 2 are located within the boundary of the 100 year flood plain. The majority
of the property is located within the 100 year flood plain. Primary and secondary
septic envelopes will be required to be shown on the plat. The surrounding property
consists of primarily agricultural uses.
3. Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit Development which
includes a residential use should provide common open space free of buildings,
streets, driveways or parking areas. The common open space should be designed
and located to be easily accessible to all the residents of the project and usable for
open space and recreation. Some Planned Unit Developments may not require
common open space depending on their type, density, or other factors. Lone Tree
Estates is considered a non-urban scale development not requiring any open space
per Section 27-2-140 of the Weld County Code. The proposal does not include any
open space.
4. Section 22-2-210.D. 3. (PUD.Policy 4.3.) — Conservation of natural site features
such as topography, vegetation and water courses should be considered in the
project design. The site is primarily level with the Lone Tree Creek running along the
eastern edge of the property. The site is located in the flood plain as delineated on
Federal Emergency Management Agency FIRM Community Panel Map 080266
0487 C dated September 28, 1982. Building and septic envelopes shall be
delineated on the plat.
5. Section 22-2-210.F. 1. (PUD.Policy 6.1.) -- The development should provide for
perpetual maintenance of all commonly shared land and facilities. The County
should not bear the expense or responsibility of maintenance for any commonly
shared land or facilities within the Planned Unit Development. The proposal does
not include any open space. The applicant is not proposing any school bus shelter,
mail kiosk or development sign.
6. Section 22-3-50.8.1, (P.Goal "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
for potable water and fire protection will be provided by sprinkler system. Individual
Sewer 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—The Department of Public Works in their referral dated
January 19, 2007, has recommended that the internal roadway be paved. The applicant is
proposing the cul-de-sac to approximately 60 feet. This will allow slightly more than three
vehicle lengths for staging. If agricultural equipment is proposed to utilize the roadway for
access the applicant should add approximately 25 feet to the cul-de-sac in length.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District.
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The applicant has met the remaining performance standards as delineated in Section 27- 2-
10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-220 of the Weld County Code.
C. Section 27-6-120.6.c-That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities. The proposed site is not influenced by an Inter-
Governmental Agreement. The site is located within the 3 mile referral area for the Town of
Eaton. The Town of Eaton in their referral dated December 26, 2006, indicated they have
reviewed the request and find 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 for potable water requirements. Fire protection will be provided by sprinkler systems.
Individual Sewer Disposal Systems are proposed to handle the effluent flow. The County
Attorney's Office has indicated that the agreements submitted by the applicant are adequate
for the Change of Zone.The Department of Public Health and Environment has indicated in a
referral response dated January 29,2007,that the application has satisfied Chapter 27 of the
Weld County Code in regard to water and sewer service.
E. Section 27-6-120.6.e- That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. The Public Works Department
has indicated in a referral response dated January 19,2007 that County Road 43 requires a
40 feet for future right-of-way.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable. The Department of Planning Services shall require an
Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code
for improvements to Lone Tree Estates PUD and all on-site improvements. The Weld
County Public Works Department has reviewed the proposal and has determined that the
internal road 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. Stop signs and street names will be required at
all intersections.
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 located with floodplain.
All construction or improvements occurring in the flood plain as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 0487 C dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of
Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA
regulations and requirements as described in 44 CFR parts 59 and 60. No commercial
mineral deposits have been noted. A Flood Hazard Development Permit will be required
prior to the issuance of a building permit.
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
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accurately reflect the performance standards and allowed uses described in the proposed
zone district, as described previously. The applicant is requesting that the Final Plan be
administratively reviewed. The Department of Planning Services' staff concurs with this
request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from the A(Agricultural)Zone District to PUD for three(3)lots with(E)Estate Zone uses
except that 2 cattle per acre are allowed is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. 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)
B. The applicant shall submit a detailed Signage Plan to the Department of Planning Services.
The sign shall comply with the sign code in Sections 23-4-60 through 23-4-120 including
appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
C. The applicant shall address the requirements (concerns) of the West Greeley Soil
Conservation District,as stated in the referral response dated December 28,2006. 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 the requirements(concerns)of Department of Public Works,as
stated in the referral response dated January 19,2007. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
E. The applicant shall address the requirements (concerns)of Sheriff's Office, as stated in the
referral response dated February 25,2007. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the requirements(concerns)of Department of Public Health and
Environment, as stated in the referral response dated January 29, 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 attempt to address the requirements(concerns)of the State of Colorado
Division of Wildlife, as stated in the referral response dated January 12, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
H. The applicant shall address the requirements(concerns)of the Eaton School District(RE-2),
as stated in the referral response dated January 15, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
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The applicant shall the Eaton Fire Protection District to discuss any requirements(concerns)
they may have. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
J. The applicant shall be required to submit a re-vegetation plan of all disturbed areas during
construction. The plan shall include information regarding plant type, installation methods
and maintenance. (Department of Planning Services)
K. The applicant shall be required to provide written and graphic evidence from the school
district and post office that the proposed mailbox location and bus shelter plan meets their
design standards and delivery requirements for the mailbox facility and the proposed school
drop off/ pick up location shall be approved by the School District. Mailbox kiosks and the
bus shelter shall be located on an open space area owned and maintained by the
Homeowners Association. Written evidence of compliance with their standards and
requirements shall be submitted to the Department of Planning Services. Further, evidence
shall be provided that the facility meets the intent of the Americans with Disabilities Act(ADA)
for access. (Department of Planning Services)
L. If applicable,the applicant shall provide additional information pertaining to the entry sign and
plant materials, including common, botanical and species names, size at installation and any
additional information deemed necessary by the Landscape Architect,if any. (Department of
Planning Services)
M. The applicant shall address the issue of the turf/native and seed grasses in all open space
areas, if applicable. (Department of Planning Services)
N. The applicant shall address the requirements (concerns) of Department of Building
Inspection,as stated in the referral response dated January 26,2007. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
O. The applicant shall address the requirements(concerns)of Department of Planning Services,
as stated in the referral response dated January 5, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
P. There seems to be a discrepancy between North Weld County Water District, Eaton Fire
District and the applicant regarding the water source for fire flow protection. Evidence of
adequate fire flow protection shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
Q. The applicant has identified a road name for the proposed development(Lone Tree Circle).
The applicant shall provide written evidence from all applicable service agencies that the
proposed name is in compliance with their identification/naming protocol. (Department of
Planning Services)
R. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled PZ-1116. (Department of Planning Services)
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2. The applicant shall adhere to the plat requirements in preparation of the Change
of Zone plat. The vicinity map shall be delineated at a scale of 1"-2000'and the Site
Plan shall be delineated at a scale of 1"-100' or 1"-200'. (Department of Planning
Services)
3. Primary and secondary septic envelopes shall be placed on Lots 1,2 and 3 outside
the boundary of the 100-year Floodplain. All septic system envelopes must meet all
setbacks, including the 100-foot setback to any well. (Department of Public Health
and Environment)
4. All building and septic envelopes shall be delineated on the Plat for Lots 1 through 3.
(Department of Planning Services)
5. The applicant shall delineate a Landscape Legend and provide additional
information regarding the proposed plant material species. At a minimum, the
applicant shall identify existing on-site plant material delineated with a single dot in
the center of the circle and proposed additional plant material with a"+"in the middle
of each circle. (Department of Planning Services)
6. The placement of the School bus pullouts/shelters and mailbox kiosks shall be
shown on the Change of Zone plans in an openspace area maintained and owned by
the Homeowners Association. Final configuration and details of these items shall be
determined by the school district and postmaster. (Department of Planning
Services)
7. The applicant shall contact the Department of Public Works to verify the status of
County Road 43 and shall be delineated on the plat.All setbacks shall be measured
from the edge of future right-of-way. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department
of Public Works)
8. Easements shall be shown on the Change of Zone plat in accordance with County
standards(Section 24-7-60)and/or Utility Board recommendations. (Department of
Public Works)
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 the A (Agricultural)Zone
District to PUD for three(3) lots with (E) Estate Zone uses except that 2 cattle per acre are
allowed Lone Tree Estates PUD, as indicated in the application materials on file in the
Department of Planning Services and subject and governed by the Conditions of Approval
stated hereon and all applicable Weld County Regulations. (Department of Planning
Services)
B. Animal Units shall comply with the animal units in the Estate Zone District as outlined in
Section 23-1-90 or Weld County Code except for cattle which would be 2 per acre.
C. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
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D. 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)
E. 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)
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)
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 Homeowner'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 along with the enforcement of covenants. Open space restrictions are permanent.
(Department of Planning Services)
K. The Home Owners Association shall be responsible for replacing all dead or dying plant
material in the open space areas. (Department of Planning Services)
L. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services & Department of Public Health and Environment)
M. Stop signs and street name signs will be required at all intersections. (Department of Public
Works)
N. All signs including entrance signs shall require building permits.Signs shall adhere to Article
4 Division 2 and Appendix 23-C through 23-E of the Weld County Code. These requirements
shall apply to all temporary and permanent signs. (Department of Planning Services)
O. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
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P. Building permits shall be obtained prior to the construction of any building or structure.
Building permits are also required for signs and structures such as bus shelters if provided.
(Department of Building Inspection)
Q. Activities such as permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the septic absorption field site. (Department of Public Health and
Environment)
R. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit. (Department of Building Inspection)
S. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 2003 International Building Code,
2003 International Residential Code,2003 International Mechanical Code,2003 International
Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
T. 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)
U. All discharge of stormwater drainage from the proposed sites to offset properties must be
located in a dedicated drainage easement granted by affected neighbors. Written
documentation of this agreement shall be included in the drainage report. (Department of
Public Works)
V. Prior to all new construction a letter of approval from the Eaton Fire Protection District shall
be submitted to the Department of Building Inspection. (Department of Building Inspection)
W. 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.
Off-set and setback requirements are measured to the farthest projection from the building.
(Department of Building Inspection)
X. Any structure located inside the 100 year flood plain boundary will be required to get a Flood
Hazard Development Permit as well as a building permit.(Department of Building Inspection)
Y. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Lot(s) 1, 2 and 3 may not be able to
obtain building permits to construct non-agricultural structures. All construction or
improvements occurring in the flood plain as delineated on Federal Emergency Management
Agency FIRM Community Panel Map 080266 0487 C dated September 28, 1982, shall
comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V,Division
3 of the Weld County Code and all applicable FEMA regulations and requirements as
described in 44 CFR parts 59 and 60. (Department of Planning Services)
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Z. The installation of any septic system within the 100-year flood plain shall comply with the
Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S.
Regulations, no septic system shall be installed with in the floodway. (Department of Public
Health and Environment)
AA. Potential purchasers are hereby notified that a confined animal feeding operation is located
directly south of the proposed development. Off-site impacts that may be encountered
include noise from trucks, tractors and equipment; dust from animal pens and odors from
animal confinement, silage, and manure. (Departments of Planning Services and Public
Health and Environment)
AB. 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)
AC. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
AD. 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, and
State and Federal agencies and the Weld County Code. (Department of Planning Services)
AE. Property shall be maintained in such a manner that grasses and weeds are not permitted to
grow taller than twelve(12)inches. In no event shall the property owners allow the growth of
noxious weeds. (Department of Planning Services)
AF. 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)
AG. 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 two(2)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)
AH. 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 thirty(30)days of approval by the Board of County Commissioners.With the Change
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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. At the time of Final Plan application submission:
A. Roadway and grading plans along with construction details will be required for the Final Plat.
(Department of Public Works)
B. Proposed building envelopes and grading to accommodate drainage shall be provided with
the final grading and drainage plans. (Department of Public Works)
C. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the Final Plat. (Department of Planning Services)
D. The applicant shall submit an on-site(Private) Improvements Agreement with the Final Plat
application that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code. (Department of Planning
Services)
E. A final drainage report stamped,signed and dated by a professional engineer licensed in the
State of Colorado along with construction plans, conforming to the drainage report shall be
submitted with the final plat application for approval prior to recording the final plat. The
report shall address all issues indicated in the Weld County Department of Public Works
referral response dated January 19, 2007 (Department of Public Works)
F. The applicant shall provide written documentation to the Department of Planning Services
that any bus pullout area satisfies both Public Works and the School District. The right-of-
way will be dedicated on the Final Plat. (Departments of Planning Services)
G. Evidence shall be provided to Weld County Department of Planning Services from the
applicable Post Office stating that the proposed mailbox location meets their design
standards and delivery requirements. Should a single pedestal mail box not be the preferred
standard, written evidence from the applicable Post Office shall be provided stating the
contrary. (Department of Planning Services)
H. Additional information shall be submitted regarding the Bus Shelter. The information shall
include setbacks, road right-of-way encroachment, type of construction and foundation.
(Department of Planning Services)
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)
J. The subdivision street name and lot addresses shall be submitted to the Eaton Fire
Protection District,the Weld County Sheriffs Office,Ambulance provider,and the Post Office
for review. Written evidence of approval shall be submitted to the Weld County Department
of Planning Services. (Department of Planning Services)
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K. The applicant shall address the requirements of Weld County School District RE-2 as stated
in the referral response dated January 15, 2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
L. The applicant shall submit covenants for Lone Tree Estates PUD. The covenants shall be
approved by the Weld County Attorney's Office prior to recording the final plat.(Departments
of Public Health and Environment and Planning Services)
M. All rights-of-way for proposed roadways must be dedicated on the final plat. (Department of
Public Works)
N. Improvements agreements (on-site and off-site) shall be approved by the BOCC prior to
recording the final plat. (Department of Public Works)
O. The applicant must provide a pavement design prepared by a professional engineer along
with the final plat submittal. (Department of Public Works)
P. The applicant shall show a typical cross section for all traffic circles on the roadway plans.
(Department of Public Works)
Q. Intersection sight distance triangles at the development entrance(s)will be required, and
shall be shown (labeled and dimensioned) to comply with AASHTO's "A Policy on the
Geometric Design of Highways and Streets"on final plan materials. All landscaping within
the triangles must be less than 3%feet in height at maturity,and noted on the final roadway
plans. (Department of Public Works)
R. 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)
S. 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)
T. 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)
5. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.(Department of Public
Works)
B. A letter of approval from the Eaton Fire Protection District shall be submitted to the
Department of Building Inspection. (Department of Building Inspection)
C. Construction plans for the utilities showing a water supply analysis indicating the available fire
flow at the most demanding point in the water system. (Department of Planning Services)
Resolution PZ-1116
Lone Tree Estates
Page 12
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 April 3, 2007.
Dated the 3r° day of April, 2007.
Kristine Ranslem
Secretary
J- : ..2LL 7
HEARING ITEMS
CASE NUMBER: USR-1590
APPLICANT: Contreras Farms Inc
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3515; located in a portion of the W2SW4 and all of the
E2SW4 and of Section 19,T7N, R63W of the 6th P.M.,Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an
agricultural service establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or
contract basis including a livestock confinement operation (a calf
raising operation for up to 5,000 head) in the A(Agricultural)Zone
District.
LOCATION: North of and adjacent to CR 78;east of and adjacent to the intersection
of CR 61 and CR 78.
Chris Gathman, Department of Planning Services stated that staff has received a letter from the applicant's
representative and they are requesting a continuance of this case until May 1, 2007 to address water supply
issues.
Pat McNear, Scott Realty, 1212 8`hAv, Greeley CO, stated that he is here on behalf of George Contreras. Mr.
McNear stated that their concerns are explained in a letter that was handed out to the Planning Commission.
Their understanding was that they would get an approval from the Planning Commission Board and then
proceed with satisfying whatever the applicant has to do to provide raw water and an augmented well to that
application. Mr. McNear indicated he understands that everything else in the application has been satisfied or
is at a point where it can be satisfied. Mr. McNear stated that they have initiated the process as far as
augmenting and getting a permitted permanent well on the property. Mr. McNear commented that the
problem is the applicant doesn't own the property where the well will be placed and there is a problem that
exists on how the spacing is. In visiting with Mr. Contreras today,he feels that if we had a positive feeling that
this is going to go forward and that he just needs to satisfy the items previously mentioned then he is probably
in a position to purchase the other land and go forward which would eliminate one of the hurdles of non-
ownership.
The Chair asked the representative to clarify if they wish to continue the case. Mr. McNear stated that they
are in support of a continuance. Paul Branham asked Chris Gathman if planning staff has any objection to the
applicant's request to continue. Mr. Gathman stated that staff has no objections and would review any new
information that would come in.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
Paul Branham moved that USR-1590 be continued until May 1,2007. Bruce Fitzgerald seconded the motion.
Motion carried.
CASE NUMBER: PZ-1116
APPLICANT: Lone Tree Estates
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot C of RE-3846, part of the NW4 of Section 27, T7N, R65W of the 6th
P.M., Weld County, Colorado.
REQUEST: Lone Tree Estates PUD, Change of Zone from the A(Agricultural)Zone
District to PUD for three (3)lots with (E) Estate Zone uses.
LOCATION: East of and adjacent to CR 43 and approximately 1/2 mile north of CR
76.
Jacqueline Hatch, Department of Planning Services, stated that Troy Hauer for A Better Job Inc. has applied
for a request of Change of Zone from the A(Agricultural)Zone District to PUD for three(3)lots with(E)Estate
Zone uses called Lone Tree Estates PUD.
EXHIBIT
The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District. H �'1
The sign announcing the Planning Commission hearing was posted February 16, 2007 by Planning Staff for
the March 6, 2007 Planning Commission hearing. At the March 6,2007 Planning Commission hearing the
case was continued to today to allow for appropriate newspaper notification.
The site is located East of and adjacent to County Road 43 and approximately'%mile north of County Road
76.
The surrounding property consists of primarily single family homes and agricultural uses. The majority of the
property is located within the 100 year flood plain as delineated on Federal Emergency Management Agency
FIRM Community Panel Map #080266 0487 C dated September 28, 1982. Building and septic envelopes
shall be delineated on the plat. A Flood Hazard Development Permit will be required prior to the issuance of a
building permit.
The applicant is proposing a low density residential development 3 lots on 24.7 acres. The minimum lot size is
6.719 acres.
The proposed PUD will be serviced by North Weld County Water District for potable water requirements. Fire
protection will be provided by sprinkler systems. Individual sewer disposal systems are proposed to handle
the effluent flow.
Lone Tree Estates is considered a non-urban scale development not requiring any open space per Section 27-
2-140 of the Weld County Code. The proposal does not include any open space.
The site is located within the 3 mile referral area for the Town of Eaton. The Town of Eaton in their referral
dated December 26,2006, indicated they have reviewed the request and find no conflicts with their interests.
15 referral agencies reviewed this case,2 referral agencies had no comments and 9 responded favorably or
included conditions that have been addressed through development standards and conditions of approval.
Referrals were not received from the United States Army Corps of Engineers, the Spring Creek Ditch
Company, the North Weld County Water District, and the Eaton Fire Protection District
No comments have been received from surrounding property owners.
The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning
Services' staff concurs with this request.
The Department of Planning Services is recommending approval of the Change of Zone.
Eric Ehrlich inquired if there was any notification from the Army Corp of Engineers that the flood plain has
been updated since 1982. Ms. Hatch stated that she has not received anything from the State. Ms. Hatch
added that the applicants are going to be applying for a LOMR for the site, however until that is done we are
asking building envelopes be put on the site and that flood hazard permits are applied for.
Paul Branham noted on page 4F, it is talked about the streets being dedicated to the public and then on page
8 there is a reference that the Home Owners Association will be responsible for maintenance on the streets.
Mr. Branham asked if that is consistent with what we normally do. Bruce Barker, Weld County Attorney,
replied that it is consistent with the idea that you have to have it dedicated to the public and in essence they
don't own the rights of way, if they did they would be private easements.
Tom Holton stated that he looked at the property and with regard to the flood plain,the property sits up just as
high as the rest of the homes in the area, Unfortunately with the maps dating back to 1982, there is nothing
we can do with FEMA.
Doug Ochsner asked again if Ms. Hatch could go over in simple terms what needs to be done to build a house
because on page 9 you have"warning lots may not be buildable due to flood plain or flood way designation.
Jesse Hein, Department of Public Works, indicated that Brian Varrella from Public Works can help shed some
light on this situation.
4
Brian Varrella, Department of Public Works, Water Division, stated that in the form of a flood plain the
Department is required by FEMA as the administrator of their rules in the County to first of all assure that any
homes constructed or proposed for construction in the County are safe from flooding. Second, they are not
located in what would be in a flood way. Third, the Department asks that each applicant not cause an
appreciable rise on adjacent or upstream properties. In this case there is no data to support the way this flood
plain has been drawn and therefore the applicant is currently looking into the process of changing FEMA's
map per the process known as LOMR and COMR. If they decide that they would not prefer to change FEMA's
map they can still apply to put a home site in the flood plain. If they decide they want to build in the flood plain
they will be asked to show the house is reasonably safe from flooding and to show that they are not flooding
their neighbors and to show that they are not sleeping or proposing to put people in an area where they might
be unaware they are in the flood way. We ask for a flood hazard development permit at the time they apply for
their building permits. Once the flood hazard permit has been approved by Public Works it goes back to
Building Inspection for them to inspect and make sure the property is complying with all FEMA regulations.
Tom Holton asked about the process to get the map changed. Mr.Varrella said the process to get the map
changed is the LOMR goes through and corrects whatever mistakes might have been made by FEMA or
essentially it is FEMA's vehicle for changing the map to update it for current land use.
Pam Smith, Department of Public Health,added that along with what Brian stated about being able to build in
a flood plain or flood way the same restriction applies to placing of septic systems. Pam stated that you
cannot put a septic system in a flood way. She indicated you can put one in a flood plain but not in a flood
way. Pam reiterated that what she indicated in her comments, according to Colorado Department of Public
Health and Environment ISDS Guidelines Section 8, #17 and also in Section 30-5-20 of the Weld County
Code, you can't build in a flood way. Pam added that since there is not a flood way delineated on this map,
that restriction basically eliminates the building of Lot 2 with the map they have right now. That also gives you
a very small, narrow area on Lot 1 and 3 of where you can put septic systems.
Doug Ochsner asked if applicant is successful in getting this changed,then all these requirements are null and
void. Pam Smith stated that you can put a septic system outside the flood way boundary but within that flood
plain.
Angela Hauer, 38515 CR 41, Eaton CO, clarified that on map two of the lots are out of the flood plain and
show building envelopes and sites for septic outside of that flood plain area. Mrs. Howard understands that
the third lot, which is Lot 2 is inside of that flood plain and with the Flood Hazard Certificate they can build in
that. She further stated it is their understanding that it has already been delineated and there is no flood way
in this area and is only a flood plain and the LOMR would just bring the flood plain back towards the creek.
Mrs. Howard stated it is their opinion that this map is incorrect. The have done an extensive hydrology study
at this point to show that they will not be flooding any of the neighbors and during that study they have found
that there really is no water coming up that way. She further stated that when they do their LOMR study it will
bring the flood plain back to the east.
Mrs. Hauer stated that they feel that these lot sizes and the continuation of very small scale agricultural uses
are consistent with the surrounding uses. She further indicated that since they are on a paved road and they
have water available from North Weld County Water District and do have opportunity for sanitary sewer in the
form of septic tanks and that the potential burden on that infrastructure is very minimal as there is only 3 lots
and the road is already paved. Mrs. Hauer stated she understands that Lot 2 is buildable at this time if we get
the Flood Hazard Permits done and added they will continue with the LOMR study if it is economically feasible
for them to do and not a requirement for them to build on that lot.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jesse Hein, Department of Public Works, stated that they have one item they would like to add to the
Conditions of Approval. Under final plat submission item 4 on page 10,the Department of Public Works would
like to add"all discharge of stormwater drainage from the proposed sites to offset properties must be located
in a dedicated drainage easement granted by affected neighbors. Written documentation of this agreement
shall be included in the drainage report."
5
Brian Varrella further stated that what they are trying to do is get approval from any landowners offsite who are
receiving flows from this site to approve the quantity and nature of those flows in accordance with the
Colorado Drainage Law. There is a swell leading from the site,going in a southeast direction and leaves the
site on the eastern boundary of the proposed subdivision. Since this subdivision does change proposed
grading and it also changes existing flow patterns, we have to receive written approval from the adjacent
neighbor to receive those stormwater flows in both quantity and nature.
Bruce Barker said that it sounds from the applicant that they own the property to the east so it doesn't appear
to be a problem in granting an easement. Brian Varrella spoke with their Right-of-Way Agent and could not
find on public record where this adjacent property is currently owned by the Hauers. However,if it is owned by
them there will be a vehicle for them to grant a flow path from themselves to themselves but it cannot do it in
the form of an easement. According to our Right-of-Way Agent, a Grantor and Grantee cannot be the same
person, otherwise if they are that easement is null and void. They would have to reserve an area for water to
get to the creek and that reservation has to be recorded at the County. Public Works would still need some
written documentation recorded at the County that reserves a way for water to get from this point down to the
creek historically.
The applicant, Mrs. Hauer, stated that they control the property through a deeded 100 year lease. It is part of
a Recorded Exemption,which the farmer has deeded them 100 years until it can be subdivided off. As part of
that deed it says they have the rights to do any type of easement,grading changes,any type of building,any
change to that parcel whatsoever.
Doug Ochsner moved to accept staffs recommendation to add"U"language as read by staff under time of
final plat application, seconded by Mark Lawley.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Eric Ehrlich, yes; Mark Lawley, yes; Tom Holton, yes; Roy Spitzer, yes; Doug Ochsner,yes;
Bruce Fitzgerald, yes; Chad Auer.
Doug Ochsner asked staff if we approve as is with Development Standards,as soon as this is approved can
they go and start building homes on all three lots right away and is there any safety precautions toward the
future buyer. Jacqueline Hatch stated that this is the change of zone stage so there is still a final stage. The
notes are on the Development Standards that a flood hazard permit will need to be issued, there is also a
warning note that said not all permits will be issued so there is no guarantee they will get building permits on
that. Also as Pam stated she needs to know where the flood way is before they can release a septic
envelope. So there are safety mechanisms in place.
The Chair stated that the board added the Development Standard with regard to the discharge. The Chair
asked the applicant if they are in agreement with the Development Standards and Conditions of Approval.
The applicant replied that they are in agreement.
Mrs. Hauer stated that they also are asking for a variance for additional animal units. Jacqueline Hatch
indicated that she is not seeing in their application where they had requested that. Ms. Hatch stated that
currently it was applied for with estate zoning and would like the applicant to be more specific on which
animals she wants. The applicant stated that they would request additional cattle units if someone were to
have a team roping facility or something like that. Ms. Hatch added that it could not exceed 8 animal units per
the Estate Zone District. The applicant stated that they would like to request a variance for 2 cattle per acre.
Ms. Hatch clarified that they would be changing the request of the application to Change of Zone from the
Agricultural Zone District to PUD for 3 lots with Estate Zone uses except for cattle 2 per acre would be
allowed. The change would be made in the general requests on page 1 and also the change to the
Development Standards on page 7A, and add a new"B" saying that all animal units shall follow the Estate
Zone District except for cattle which would be 2 per acre.
Paul Branham asked if staff would recommend approval or denial of this request. Jacqueline Hatch stated
that the Department of Planning Services would not consider that to be a significant change and the Board of
County Commissioners would be notified with this description. Pam Smith, Department of Public Health
stated that they would not have any concerns with it as they have feed lots around them.
6
Bruce Fitzgerald moved that the Planning Commission allow 2 cattle per acre and make changes throughout
the documents to reflect that, seconded by Tom Holton. Motion carried.
Roy Spitzer moved that Case PZ-1116, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards as amended with the Planning Commissions
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; Erich Ehrlich,yes ; Bruce Fitzgerald,yes ;Tom Holton,yes ; Mark Lawley,yes ; Roy Spitzer,
yes ; Doug Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
The Chair requested to take a 4 minute recess at 2:42 pm.
The Chair called the meeting back to order at 2:50 p.m.
CASE NUMBER: USR-1602
APPLICANT: Cockroft Dairy LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of AmRE-178;Section 11,T6N, R64W of the 6th P.M.,Weld
County,Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment primarily engaged in performing
agriculture, animal husbandry,or horticultural service on a fee or
contract basis including Livestock Confinement Operations(a dairy
operation for a total of 4500 cattle including milking cow and dry cows)
in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 72;west of and adjacent to CR 59; north
of and adjacent to CR 70 and east of and adjacent to CR 57.
The Chair read the case into record.
Chris Gathman, Department of Planning Services, stated that Cockcrofts Dairy, LLC being represented by
AgProfessionals, LLC have applied for a Site Specific Development Plan and Special Review Permit for a
Dairy operation (for a total of 4,500 cattle including milking cows and dry cows) in the A(Agricultural)Zone
district.
The site is located south of and adjacent to County Road 72 and east of and adjacent to County Road 57.
13 referral agencies reviewed this case, 10 referral agencies responded favorably or included conditions
that have been addressed through development standards and conditions of approval.
The site is surrounded by agricultural land with single-family residences. The nearest single-family
residence is located approximately 1/8 mile east of the site.
The applicants have indicated that the facility will use public water of which is North Weld County Water
District.
One letter of opposition has been received from a surrounding property owner. The party who
wrote the letter expressed concern with traffic safety, dust, flies and odor. The property owner
lives across County Road 57 from the dairy operation.
The applicants have submitted a nuisance management plan with the application that outlines
operation practices to reduce dust and odor emissions. Additionally, development standards#15
-21 deal specifically with operation standards addressing dust, fly, odor, pest and runoff
conditions.
The Department of Public Works is recommending that County Road 59 be used as a haul route,
as opposed to County Road 57, to minimize impact on residences in the area. Development
Standard #10 addresses applying dust suppressant chemicals if dust becomes an issue between
residential structures and the secondary access to County Road 59.
7
`> to :20c) -7
including badminton, basketball, croquet, golf driving range,
horseshoes and volleyball; outdoor events including Easter egg
hunt, hay/straw wagon rides, pumpkin patch, sleigh rides and
surrey rides; holiday parties and community gatherings along
with accessory uses including bar service and catering) in the A
(Agricultural)Zone District.
LOCATION: /z mile north of State Hwy 14; west of and adjacent to CR 17.
Chris Gathman stated that Russell Pope is requesting a continuance until April 3, 2007. There is a
recommendation from the Department of Public Works that a drainage report be submitted for their review
prior to the Planning Commission hearing.
Bruce Fitzgerald moved that Case USR-1601 be continued until April 3, 2007, seconded by Doug Ochsner.
Motion carried.
CASE NUMBER: PZ-1116
APPLICANT: Lone Tree Estates
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot C of RE-3846, part of the NW4 of Section 27, T7N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: Lone Tree Estates PUD, Change of Zone from the A
(Agricultural)Zone District to PUD for three (3) lots with (E)
Estate Zone uses.
LOCATION: East of and adjacent to CR 43 and approximately 1/2 mile north of
CR 76.
Chris Gathman stated that Lone Tree Estates, in care of Troy Hauer for A Better Job, Inc., applied for a
change of zone from an Agricultural Zone District to PUD for three (3) lots for Estate Zone uses. It was
noted that the Planning Commission hearing was not properly notified in the newspaper. The Department
of Planning Services requests that this case be continued until April 3, 2007 to fulfill these requirements.
The Chair asked if there was anyone in the public who wishes to speak for or against the continuance of
PZ-1116. Having none, the public portion was closed.
Tom Holton motioned to continue PZ-1116 to April 3, 2007, seconded by Doug Ochsner. Motion carried.
CONSENT ITEMS
CASE NUMBER: USR-1594
APPLICANT: Swift Beef Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 of Section 31, T6N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for an Agricultural Service establishment primarily engaged in
performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including: Animal waste
recycling or processing facilities (Waste Water Treatment
Facility) in the A(Agricultural)Zone District for the property
described below.
LOCATION: South of and adjacent to CR 62.5; west of and adjacent to CR
51.
2
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