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Home My WebLink About20072039.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, July 3, 2007 A regular meeting of the Weld County Planning Commission was held in the Weld County Department of Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by Chair, Chad Auer, at 1:34 p.m. ROLL CALL ABSENT Chad Auer- Chair Doug Ochsner-Vice Chair Paul Branham ziT © n Erich Ehrlich O C) Bruce Fitzgerald rte— 3r Tom Holton " — cq� Mark Lawley 1c. c0 Roy Spitzer m > xz James Welch ® 4P ril—t Also Present: Hannah Hippely, Roger Caruso, Kim Ogle, and Tom Honn, Department of p„onnkfj Services, Don Carroll and Brian Varrella, Department of Public Works, Pam Smith,Department of Heath,Bruce Barker, County Attorney and Kris Ranslem, Secretary. Bruce Fitzgerald moved to approve the June 19,2007 Weld County Planning Commission minutes,seconded by Doug Ochsner. Motion carried. CONTINUED ITEMS CASE NUMBER: USR-1606 APPLICANT: Connell Resources Inc. PLANNER: Hannah Hippely LEGAL DESCRIPTION: Lot C of RE-2972 Sections 23 and 24,T6N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a use permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts (highway construction equipment maintenance and storage facility)in the A (Agricultural)Zone District. LOCATION: East of and adjacent to CR 23 and 1/2 mile South of State Highway 392. The Chair read the case into record. Hannah Hippely, Department of Planning Services, stated that Connell Resources Incorporated is requesting an indefinite continuance of Case USR-1606. She added that the Department of Public Works has requested that the applicant complete a Traffic Impact Study. The indefinite continuance will allow the applicant sufficient time to prepare the study and also to redesign their site plan as may be necessary from the results of the impact study. When the applicant is ready to proceed they will need to submit a new application and will be processed as a new application so the surrounding property owners will be notified again. Ms. Hippely stated that staff is supportive of this request. Doug Ochsner asked what instigated the new traffic study. Don Carroll, Department of Public Works,stated that Two Rivers Parkway is a section of road that the Department is working on to improve to come off from State Highway 60 and go north all the way to State Highway 14. Mr.Carroll added that this particular section of where Connell Resources Inc., is proposing to put in an operations structure and business is right at the curve as you are going around the corner by Bracewell heading toward Windsor. The Department is proposing to straighten that curve out and take the road directly north up to State Highway 392 which would split Connell Resources Inc. property in half, therefore the Department is asking the applicant to resubmit a site plan configuration to them. Mr. Carroll summarized that they are asking for a traffic study to verify what type of equipment they would need for their operation. 2007-2039 eorivvuko ca ,, o 7-!/O•-ar7 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. The proposed site is not influenced by an Inter-Governmental Agreement. The proposed development is located within the three mile referral area of the Town of Severance and Larimer County. The Town of Severance and Larimer County indicated no conflicts with their interests. The proposed development is considered urban scale based on the definition of urban scale developments per section 27-2-190 of the Weld County Code which states that Urban Scale developments exceeding nine (9)lots and/or located in close proximity to existing PUD's subdivisions, municipal boundaries or urban growth corridors and boundaries. The proposed subdivision is in close proximity to Peace Haven Minor Subdivision and Tranquility PUD. Therefore the proposed development shall adhere to the requirements and conditions of an urban scale development (internal roadway shall be paved with curb, gutter and sidewalks and at least 15% of open space shall be designated on the plat). Section 27-2-60 of the Weld County Code defines common open space as usable parcel of land or water unimproved and set aside for public or private use. The Department of Planning Services is in support of the applicant's proposed open space. No comments have been received from surrounding property owners. The Department of Planning Services would like the Change of Zone staff report changed to reflect new language with the request due to an addition of an oil and gas envelope as noted in the memo and discussed between the applicants representative and the mineral owners. The oil and gas envelope will take up approximately 5 acres of what would have been proposed open space. The Department of Planning Services has determined that the conditions of approval and development standards will help ensure the proposal is consistent with the Weld County Code and ensure that there are adequate provisions for the protection of health, safety and welfare of the inhabitants of the county. Jeff Couch, Team Engineering, 3468 Shallow Pond Dr, Fort Collins CO stated that with him today is Doug Kinslater who is the project coordinator and the owner, Robert Buderus. Mr. Couch commented that the project is fairly simple as it is a minor subdivision PUD. He added that they laid it out to take advantage of the ridge and three lots. Mr. Couch continued to add that it has one access and there are a lot of features to the subdivision. The North Weld County Water District is bringing an 18"water line up the north side of the road way and they are participating with them in providing easements for that extension. Mr. Couch added that they are providing a dual system, which means that they will not only have water for potable uses but will also have a pressurized system for irrigation and the Cactus Hill Lateral will be improved over the next three years. Mr. Couch further added that there are a lot of benefits to that as it will give a little better maintenance for the property and also allows the North Weld County Water District to keep their Ag component or their water portfolio in service which allows them to use that water and not lose it if it's not in use. Mr. Couch continued by saying that a lot of subdivisions in this area are going to that type of system. Mr. Couch commented that they have had a couple meetings with Anadarko and in providing some open space they wanted a center piece in there that is functional to the southeast and northeast corner for drainage. The center piece is open space for the layout of utilities. Anadarko has some well sites in the upper half of it and then has a tank battery and facilities in the lower portion of that. Doug Ochsner asked what the size of the lots are. Mr. Couch said they range from 3.15 acres to almost 8 acres. Commissioner Ochsner asked what the plans were for the open space with regard to irrigation, etc. Mr. Couch replied that they had not planned on irrigating the open space with the dual system as it was reserved for the lots themselves. Some of the plans for the open space that they have indicated were a gazebo, some trees and paths to the gazebo to try and create a center piece and develop a sense of community for the subdivision. Mr. Couch indicated that they need to work with Brian, Department of Public Works, in planning that area. Commissioner Ochsner voiced his concern with open space that sometimes it is ignored and it looks good on the map but doesn't necessary evolve to that when there is no water service to the open space and is basically dry land and it's hard to grow anything. Mr. Ochsner added that then it is hard to have it as a recreational use and open space that the community can use. Mr. Couch commented that at this time they do not have plans to irrigate it although that with the system in place it's possible that it could be done. Mr. Couch added that they would look at it and see if they could do that. The ditch itself will probably not be in place for another 2-3 years so it would be a gravity flow system for now. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Terry Enright, representing Anadarko Petroleum, 1999 Broadway, Ste 3700, Denver CO 80202 said that they feel that they are making good progress with the developer as they have provided ample space for three proposed well heads and the associated production equipment. Mr. Enright added that they have tried to provide a way in which to minimize traffic into the development by locating the production equipment down in the southeast corner of the 9.94 acres. They are moving forward with a Surface Use Agreement and are making good progress regarding any changes of the language of the SUA, but at this time it appears to be moving along positively. Don Carroll, Department of Public Works,stated that the applicants have indicated that they will pave internal roads 24'wide, 4' gravel shoulders and there is a cul de sac at the end that will be paved as well. Commissioner Fitzgerald asked if this subdivision comes off of a paved road. Mr. Carroll stated that it does not and they are proposing a dust abatement plan from the subdivision to the nearest paved road which would be to County Road 15. Pam Smith, Department of Health, said that the site will be served by septic systems and two preliminary perks were done. One was done on the property of the western side of the road and the other one was done on the eastern side and both of those had good perk rates but they also both showed shallow bed rock at about four feet so they can anticipate some engineered septic systems because of that. Ms.Smith added that they do have to maintain a 100' setback to the Cactus Hill Lateral which is on the east edge of the property and should not be a problem as the lots there are large enough to accommodate that. Commissioner Fitzgerald asked Ms. Smith if she sees the need to require envelopes for leach fields. Ms. Smith replied that she typically doesn't if the lots are 21/2 acres or larger and some of that can depend on what activities are out there or some physical features that are there, however in this case she did not. Commission Auer commented that Mr.Caruso gave the members of the board a memo which he referred to in his presentation with regard to Item 2.A and asked Mr. Caruso if he had anything he would like to add. Mr. Caruso commented that in regard to irrigation, Item 1.6 does state that the applicant shall submit a plan detailing how tract 1 and 2 will be irrigated and maintained and staff can require them to irrigate it until it gets established. Commissioner Ochsner echoed his comment earlier that he has seen too many open spaces that have been left as open space and nothing done to them. Since we are requiring open space as a county,what comes next after dedicating it as open space? Mr. Caruso replied that the HOA is suppose to maintain it and has control over it and we do want a plan saying how they will irrigate and maintain it,however after some point the HOA is in control of the open space. Commissioner Fitzgerald asked Mr. Ochsner what he would rather see. Mr. Ochsner commented that he is not sure but would rather see either the requirement dropped for open space or would like to see some standards set on open space that it is a viable piece of land instead of just a wasted piece of ground. Commissioner Fitzgerald commented that in this case the open space is going to be at the entrance of the subdivision and would expect them to have a driving force to keep that mowed and maintained. Commissioner Ochsner agreed, however the applicant states that they are not going to have an irrigation system in there and it throws up a red flag for him. Commissioner Holton asked Mr. Ochsner if he thought all open space should be irrigated. Mr. Ochsner replied no, but does not want it to be an eye sore to the county. Mr. Ochsner commented that he is not necessarily in favor of having the open space and doesn't believe that this type of development really needs to have open space that the residents of this subdivision can use. However it states in the county that we are requiring open space,therefore they must meet that obligation,but his concern is that it becomes an eye sore. Mr. Caruso commented that the reason there is a requirement for open space is because they are in close proximity to other subdivisions. Mr. Caruso added that their plan for open space will evolve and staff can require that certain vegetation be started and established and then from there plans for gazebos and open trails can be worked on. Commissioner Lawley asked if there was anything in the landscaping plan that deals with maintenance. Mr. Caruso replied that we require it to be maintained and owned by the HOA. Commissioner Fitzgerald moved that the request be changed to Change of Zone from A(Agricultural)to PUD (Planned Unit Development)for nine(9) residential lots with E (Estate)Zone District uses with 9.94 acres of open space referred to as 'tract 1' and 'tract 2'and a 5 +/-acre non-buildable outlot for oil and gas activities. Commissioner Spitzer seconded the motion. Motion carried. Commissioner Fitzgerald moved that Item 2.A on page 6 of 12 be added as submitted by staff, seconded by Commissioner Holton. The Chair asked the applicant and representatives if they have read through and are in agreement of the amended Conditions of Approval and Development Standards. Mr. Couch replied that they are and commented that with regard to the open space they will put a plan together to address some of Mr.Ochsner's concerns. Commissioner Holton moved that Case PZ-1131, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Commissioner Spitzer seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul Branham, yes; Bruce Fitzgerald, yes; Tom Holton,yes; Mark Lawley, yes; Roy Spitzer, yes; Doug Ochsner, yes with comment ; Chad Auer, yes. Motion carried unanimously. Commissioner Ochsner commented that we either revisit the code and do away with the open space requirement or make stronger development standards to ensure that the open space is taken care of. Meeting adjourned at 2:09 p.m. Respectfully submitted, ,J , r. _ Kristine Ranslem Secretary Hello