HomeMy WebLinkAbout20060199.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Paul Branham that the following resolution be introduced for denial by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-545
APPLICANT: Bret Larimer
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of AmRE-1452; part SW4 of Section 4, T6N, R66W of the
6`" P.M., Weld County, Colorado.
REQUEST: Change of Zone from Agriculture to PUD- Estate for 38
residential developments with 26 acres more or less of open
space located outside of an IGA or UGB; north of the Town of
Windsor
LOCATION: East of and adjacent to SH 257 and %:mile south of CR 74
be recommended unfavorably to the Board of County Commissioners.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The submitted materials are not 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 inconsistent with Chapters 22,23,24 and 27 of the
Weld County Code. The Goals and Policies of the Weld County Comprehensive Plan do not
support the approval of urban scale development outside of Urban Growth Boundary areas
or areas served by urban infrastructure.
1. Section 22-2-110.B (UGB.Goal 2) states "Concentrate urban development in or
adjacent to existing municipalities, an approved intergovernmental agreement, the
1-25 Mixed Use Development area, urban growth boundary areas, urban
development nodes, or where urban infrastructure is currently available or
reasonably obtainable." This application proposes urban-scale development as
defined by Section 27-2-90 of the Weld County Code and is not located within the
1-25 MUD area and it is not located within the Town of Windsor's Urban Growth
Boundary Area. Urban services do not exist at this location. The intent of this goal
is to encourage urban scale development to occur where urban scale infrastructure
is available (see Section 22-2-190.B.2 (R.Policy.2 below). The proposal does not
comply with UGB.Goal 2 as the proposal is located outside an urban growth
boundary area.The proposed location for this subdivision is not located in any of the
defined urban areas,and the site is unable to be served by urban infrastructure such
as municipal sanitary sewer.
2. Section 22-2-60.C A.Goal 3. specifies, "Conversion of agricultural land to urban-
scale residential,commercial,and industrial development will be discouraged when
the subject site is located outside of an approved Intergovernmental Agreement
area, urban growth boundary area,or 1-25 Mixed Use Development area and urban
development nodes. This policy is intended to promote conversion of agricultural
land in an orderly manner which is in harmony with the phased growth plans of a
municipality and the County. It is further intended to minimize the incompatibilities
that occur between uses in the agricultural district and districts that allow urban-type
uses. In addition, this policy is expected to contribute to minimizing the costs to
Weld County taxpayers of providing additional public services in rural areas for uses
that require service on an urban level." This application proposes urban-scale
development as defined by Section 23-1-90 and Section 27-2-90 (developments
larger than nine (9) lots) of the Weld County Code and is located outside an urban
growth boundary area as defined in A.Policy 3. Therefore, the proposal does not
comply with Section 22-2-60.C.2 A.Policy 3.
3. Section 22-2-90.B. An important factor of urban development is the efficient use o
land as a resource. Since the density of urban development accommodate m ^^
moredensity on each acre, the amount of land relative to the number of people wh W ` a
live on or use the land is an efficient ratio. Locations where urban development ca
. P.
2006-0199
Resolution PZ-545
Bret Larimer
Page 2
occur should be encouraged to develop as urban. Jurisdictions that can
accommodate urban development should employ policies and regulations that
facilitate urban development while managing the quality of this development. The
County has adopted policies and regulations that promote urban development in the
areas where it is appropriate resulting in the most efficient use of land and
infrastructure. The application is located outside of the recognized urban growth
boundary for the Town of Windsor, yet within the Growth Management Area for the
Town. The Town of Windsor Planning Commission reviewed this case and
recommended Denial based on Weld County's definition of Urban Scale
Development(Section 24-1-40)as"...the subject application proposes urban scale
development without providing the required support services such as central sewer
system or park and recreational facilities and programs."
4. Section 22-2-190.C. R.Policy 3.1 states,"The County should encourage an efficient
form of urban residential development by directing urban residential growth to those
areas where urban services and infrastructure are currently available or reasonably
obtainable". Urban services have not been provided and are not proposed to be
provided to this site and the proposal is located outside an urban growth boundary
area. Therefore, the proposal does not comply with Section 22-2-170.c.2 R.Policy
3 Locating urban scale developments outside of urban growth boundary areas or
Intergovernmental Agreement areas is not considered efficient, nor is sanitary
service available to serve the proposed urban subdivision.
5. Section 22-2-210.B. PUD.Goal 2 states "Conversion of agricultural land to urban
residential commercial and industrial uses will be encouraged when the subject site
is located inside of an approved intergovernmental agreement area, urban growth
boundary area, 1-25 Mixed Use Development Area or urban development nodes,or
where adequate services are currently available or reasonably obtainable. This goal
is intended to address conversion of agricultural land to minimize the
incompatibilities that occur between uses in the A (Agricultural) Zone District and
other zone districts that allow urban uses. In addition, this goal is expected to
contribute to minimizing the costs to County taxpayers of providing additional public
service in rural areas for uses that require services on an urban scale." The
proposed number of Lots, (38), exceeds the definition of non-urban scale
development contained in Section 24-1-40 and is located outside of an established
urban growth boundary area. Further, urban level services such as sanitary sewer
are not available.
6. Section 22-2-60.F.1 (A.Goal 6)states,"Public facilities and services such as sewer,
water, roads, schools, and fire and police protection must be provided and
developed in a timely, orderly, and efficient manner to support the transition of
agricultural land to urban development." The applicant proposes thirty-eight (38)
lots,however no public sewer system is available to serve the proposed residences.
Using the census standard of 2.6 people per household, this proposal will add an
approximately one hundred additional people to an unincorporated portion of the
county. The demand for services from this number of people will put a substantial
burden on Weld County Services, including police protection and other emergency
services,provided by the Sheriff's Office and Ambulance Services. Response times
may not be what is expected in an urbanized area. A school site is not included with
this application therefore an additional unknown number of students will impact the
school district.
7. Section 24-1-30 H. Promotes "...equitable handling of all subdivision plans by
providing uniform procedures and standards."The Department of Public Health and
Environment referral states "The application states that the development will be
served by individual sewage disposal systems and proposes a 38 lot PUD on 71
acres. The minimum proposed lot size(1.0 acre)coupled with the overall density of
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Bret Larimer
Page 3
one septic system per 1.86 acres does not meet the current Department policy of 1
septic system per 2.5 acres."
8. Section 24-1-30.A; Section 24-1-30.B; Section 24-1-30.C; Section 24-1-30.D; and
Section 24-1-30.E states"Assisting orderly and integrated development. Promoting
the health, safety and general welfare of the residents of the County. Ensuring
conformance of land subdivision plans with the public improvement plans of the
County and its various municipalities. Ensuring coordination with public municipal
improvement plans and programs. Encouraging well-planned subdivisions by
establishing adequate standards for design and improvement." The Town of
Windsor reviewed this application and stated that the request does conflict with their
interests, and the October 6, 2005 Windsor Planning Commission recommended
Denial of the application. Further, the Town strongly suggested that the applicant
consider annexation into the Town.
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 of this Chapter. The Department
of Planning Services' staff has determined that the submitted application does not comply
with the 20 standards described in Chapter 27, Article II, Performance Standards.
1. Section 27-2-40-Bulk Requirements for the Estate Zone District dictate a minimum
of 2.50 acres per lot, however, the proposal is for thirty-eight one acre lots. The
applicant, citing Chapter 30 of the Weld County Code, for ISDS regulations, states
there is no written regulation available to substantiate the inter-departmental policy
of one septic per residential lot as Chapter 30 fails to regulate the size of the lots.
The Department of Public Health and Environment states"... the application states
that the development will be served by individual sewage disposal systems. The
minimum proposed lot size(1.0 acre)coupled with the overall density of one septic
system per 1.9 acres does not meet the current Department policy of 1 septic
system per 2.5 acres." Therefore the"... application has not satisfied Chapter 27 of
the Weld County Code in regard to sewer service."
2. Section 27-2-60- Common Open Space requirements are for fifteen percent open
space with this development providing 25.55 acres and this condition has been met,
however, this Code Section requires "...all PUD's containing a residential element
shall provide for a 15%common open space allocation." The application is unclear
to what type of recreational opportunities and amenities are available within the
Common Open Space areas.
3. Section 27-2-190-Urban Scale Development(s)are developments exceeding nine
lots....""Urban scale development requires support services such as central water,
sewer systems, road networks, park and recreation facilities and programs, and
storm drainage." The applicant is proposing 38 residential lots on individual sewage
disposal systems (I.S.D.S.) septic systems which is not in compliance with the
definition of Urban Scale Development.
C. 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 this Code or master plans of affected
municipalities. In the referral letter from the Town of Windsor dated October 7, 2005 the
town states"The proposal is not consistent with the Town of Windsor Estate Residential(E-
1) zoning district, which requires a minimum lot size of two and one-half(2%) acres when
individual sewage disposal(septic)systems are authorized and approved by the Town.This
development was also reviewed in 2000 for a Sketch Plan application. At the 2000 referral,
the subject property was depicted as Very Low Density Estate Single Family Residential,
however, since that time, the Town has amended that land use depiction to reflect High
Density Estate Single Family Residential,due in part to the adoption of the East Side Sanitary
Interceptor Plan (ESSIP) in 2002 which plans to extend sanitary sewer infrastructure to the
east and north portion's of the Town's Growth Management Area. The Town of Windsor
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Bret Larimer
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Planning staff recommended denial to the Windsor Planning Commission during the Sketch
Plan phase of this application, based on their Land Use Plan depiction of this area as"Very
Low Density Single Family Residential" and that the area is within the Town's Growth
Management Area. Further, the Town's Planning Commission recommends the applicant
contact the town to discuss annexation and development through the Town. The
recommendation from the Windsor Planning Commission,during the Change of Zone phase
of this application was also for denial, citing Section 24-1-40 of the County Code as it is the
opinion of the Town of Windsor Staff that if the proposal is not within the Urban Growth
Boundary of Windsor,that urban development should not occur in this area,according to the
Weld County Code, Chapters 22, 24 and 27.
D. 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 of this Chapter. "This
application does not propose a public sewer system. The North Weld County Water District
will provide public water to the site and each lot will be serviced by an individual septic
system. The Weld County Department of Public Health and Environment referral indicates
that the application conforms with Chapter 27, however, "The Preliminary Subsurface
Exploration Report from Earth Engineering Consultants, dated August 10, 2000 indicates
most of the site could utilize conventional septic systems. However, groundwater and
percolation rates on the northwest portion of the site will require engineered septic systems.
Groundwater was found at 6.5 feet and percolation rates of 135 minutes per inch were
obtained. No current soil/groundwater data has been submitted since 2000.
The applicant states that the proposed development is consistent with Moriah Estates to the
east with regards to the 1 acre lot size. The Department has reviewed several county -
approved developments in the vicinity and summarizes them below:
Name # Lots Min. Lot Size (acres) Overall Density
Moriah Estates 24 1.0 2.7
Shiloh Estates 14 lots 2.1 5.39
Soaring Eagle 114 1.5 3.42
Falcon Ridge 38 1.0 1.86
While the overall density for this development does not meet the current Department policy,
the applicant has proposed enhancement features such as effluent filters, oversized septic
tanks, alternating absorption trench systems, and monitoring ports. There is also a
management component outlined,however it is not detailed. The Department is requesting
the applicant demonstrate how the efficiency and nutrient reduction of the proposed
enhancements will improve the quality of the effluent over standard systems. The intent of
the study should be to demonstrate that the impact on local water quality of the septic system
at the proposed densities is less than or comparable to septic systems on densities of 2.5
acres or greater. The Weld County Department of Public Health and the Environment also
indicated that additional information has been requested, and to date has not be received
from the applicant. Should the Planning Commission approve this application, a condition
of approval, prior to scheduling a Board of County Commissioner's hearing has been added
to address this issue." Further,the Colorado Geologic Survey stated during the Sketch Plan
referral of this application"The CGS recommends this development connect to a municipal
wastewater treatment facility operated by the Town of Windsor. Issues with septic systems
have been addressed previously,however,the CGS also brings up the high water conditions
on the property and suggest that the consultant for the project prepare comparisons as to the
amount of irrigation water that is currently used on site versus the amount that will be
generated by thirty-eight[38] Individual Sewage Disposal Systems (I.S.D.S.) and individual
lawn irrigation."
E. The 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
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proposed PUD Zone District. "The Department of Public Works' referral from the Sketch
Plan (S-545) indicates that the plat shall indicate the typical internal road cross section
reflecting paved local roads. The applicant did not include on the Change of Zone plat
submittal the information requested by the Public Works Department. The Department of
Planning Services believes that, for internal pedestrian circulation within the proposed
Planned Unit Development, the applicant should provide sidewalks for pedestrian and bike
use."
F. An off-site road improvements agreement and an on-site improvements agreement proposal
is in compliance with Chapter 24 of this Code, as amended, and a road improvements
agreement is complete and has been submitted, if applicable. The Department of Public
Works states that there are no off-site improvements required for this proposed PUD, as
State Highway 257 is not under their jurisdiction, however,the applicant shall submit an on-
site improvements agreement. This proposal shall describe, in detail, the type of on-site
improvements in compliance with Chapter 24, Section 24-9-20 of the County Code, to
determine if the requirement for street or highway facilities providing access to the property
has been satisfied. The method of guarantee shall conform with Weld County's policy
regarding Collateral for Improvements.An On-Site Improvement Agreement will be required
in compliance with Section 24-9-20 of the County Code. The applicant shall coordinate with
the Colorado Department of Transportation to determine if any off-site improvements are
warranted.
G. There has been compliance with the applicable requirements contained in Chapter 23 of this
Code regarding overlay districts, commercial mineral deposits and soil conditions on the
subject site. "The CGS reviewed the subsurface drainage on the property. There are
concerns not only with septic systems but the feasibility of basement construction. Ground
floor levels should be a minimum of four feet above seasonal high groundwater levels. All
subgrade construction shall include a subsurface drainage system that daylights or is
connected to a sump pump. The CGS is requiring a lot specific investigation of the property
prior to construction. They indicate that the area shall be evaluated in detail at the early
stages of this development to determine the extent of the very shallow groundwater,which
will affect home and septic system design." Further, the Weld County Health Department
held concerns with the"...groundwater and percolation rates on the northwest portion of the
site will require engineered septic systems. Groundwater was found at 6.5 feet and
percolation rates of 135 minutes per inch were obtained. The Weld County Health
Department further states"No current soil/groundwater data has been submitted since 2000.
H. Consistency exists between the proposed zone district, uses and the specific or conceptual
development guide and concerns identified in sketch plan comments provided pursuant to
Section 27-4-40 of this Chapter have been adequately addressed. The submitted
Development Guide does accurately reflect the Performance Standards and allowed uses
described in the proposed zone district. In accordance with Section 23-3-400 of the Weld
County Code,the application materials propose Estate uses,while varying from the minimum
lot size in the Estate zone district. Chapter 27 of the Weld County Code establishes 2.5
acres as the minimum lot size in the Estate zone district, while the applicant proposes lot
sizes of 1.0 acres.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
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Page 6
Should the Planning Commission choose to approve the Change of Zone from A(Agricultural)to PUD with
Estate uses for thirty-eight residential Lots and 25.5 acres of Common Open Space, the following are
recommendations for conditions of approval:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submit a signed agreement with the Windsor Reservoir&Canal Company
- Springer Ditch for stormwater and stormwater discharge into the Springer Ditch. Further,
the applicant shall submit a site specific drainage plan to the Windsor Reservoir & Canal
Company and obtain approval in writing on either the letter head of the Ditch Company or
their legal counsel, The Dow Law Firm, LLC of Fort Collins, Colorado. Written evidence of
such shall be submitted to the Department of Planning Services. (Department of Public
Works, Windsor Reservoir&Canal Company)
B. The Department of Public Health and Environment requests the applicant demonstrate how
the efficiency and nutrient reduction of the proposed enhancements will improve the quality
of the effluent over standard systems. The intent of the study should be to demonstrate that
the impact on local water quality of the septic system at the proposed densities is less than
or comparable to septic systems on densities of 2.5 acres or greater. Written evidence of
such shall be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
C. The application materials state that the minimum septic envelope of 6000 square feet has
been delineated on the Septic Location Plan. The Department of Public Health and
Environment is not in receipt of this titled document. The Site Plan Exhibit (referenced
above)has primary and secondary septic envelopes on average of 2000 square feet. Written
evidence of such shall be submitted to the Department of Planning Services. (Department
of Public Health and Environment)
D. The applicant shall provide evidence from North Weld County Water District that the district
has the ability to provide service for thirty-eight(38)residential lots and also provide for a loop
water system for fire flow. The application materials state that the North Weld County Water
District will provide for thirty-six water taps. Written evidence of such shall be submitted
to the Department of Planning Services. (Department of Planning Services)
E. The applicant shall submit evidence of an agreement with the properties mineral owners
stipulating that the oil and gas activities have adequately been incorporated into the design
of the site or show evidence that an adequate attempt has been made to mitigate their
concerns. Additionally, this agreement shall address the use of oil and gas setback areas.
County regulations do not prohibit the use of oil and gas setback areas for open space uses.
The setback from oil and gas encumbrances in an urban scale development is three hundred
fifty(350)feet.This distance is more compatible with the Residential Zone District given the
related health and safety issues of an urban scale and urban density development proposed
here.
2. The Change of Zone plat shall meet all requirements of Section 27-9-20 and shall be amended to
delineate the following:
A. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat. (Department of Public Health and Environment)
B. Primary and secondary septic system envelopes shall be designated on the plat. Each
envelope must meet minimum current setbacks as specified in the Weld County Individual
Sewage Disposal System Regulations. (Department of Public Health and Environment)
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C. The applicant has located primary and secondary septic envelopes on most lots of the Site
Plan Exhibit that appear to meet all setback requirements,with the exception of the following:
• Lots 1 and 37 have only one envelope
• Lots 34 through36 have no envelopes
•
Lots 1-4, 27-33, 37-38 have one or more envelope in the easement
•
Lots 30 and 31 envelopes are over 100 feet long by scale.
• Lots 17-21, 24-26, 30-31 have long, narrow envelopes and may be impractical for
the installation of a trench system (Department of Public Health and Environment)
D. The Landscape Plan and Maintenance Schedule as approved by the Department of Planning
Services. The Landscape Plan shall adhere to the requirements of Section 27-6-60 of the
Weld County Code.The Landscape Plan shall be delineated in a legible font for all call-outs
with the Plant Material List including Botanical Name,Common Name,Species as applicable,
Size of material and whether it is can or Balled & Burlap (B&B). (Department of Planning
Services)
E. The location of the bus pull-off/ pull-out area and bus shelter as required by the Windsor
School District, RE-4. (Windsor School District, RE-4)
F. The location of the mail box facility as required by the local postal authority. (Department
of Planning Services)
G. The location of the subdivision sign. (Department of Planning Services)
H. The Secondary Emergency Access easement as required by the Windsor-Severance Fire
Protection District. (Windsor-Severance Fire Protection District)
Internal roads are required to meet Weld County criteria for a PUD. The internal roadway
right-of-way shall be sixty (60)feet in width including cul-de-sacs with a sixty-five (65)foot
radius, and dedicated to the public. The cul-de-sac edge of pavement radius shall be fifty
(50)feet. (Department of Public Works)
J. The typical section of interior roadway shall be shown as two 12-foot paved lanes with curb,
gutter and sidewalk associated with an urban scale development on the change of zone plat.
The right-of-way for the internal roadways shall be shown on the change-of-zone plat.
(Department of Planning Services, Department of Public Works)
K. Maximum 1,500-foot block length has been exceeded in the South loop of the internal
roadway. Public Works suggests the use of an eyebrow turn-around between blocks 35 &
36. If the applicant does not wish to install a turn-around, the local emergency response
districts shall be contacted and shall approve the proposed configuration. (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 PUD shall consist of thirty-eight(38)residential Lots and 25.55 acres of Common Open
Space. The Change of Zone allows for Estate Zone District bulk requirements, except for
the minimum lot size of 1.0 acres, and development sign standards, 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)
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B. Water service shall be provided by the North Weld County Water District. (Department of
Public Health and Environment)
C. 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)
D. Primary and secondary septic envelopes shall be placed on each lot. All septic system
envelopes must meet all setback requirements. (Department of Public Health and
Environment)
E. At the Final Plat, the Covenants shall include 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. If required,the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project. (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 Home Owner's Association (HOA) shall be established prior to the sale of any lot.
Membership in the HOA is mandatory for each parcel owner. The HOA 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)
K. The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
M. A separate building permit shall be obtained prior to the construction of any structure,
including any future entry way. Permits are required for any sign, bus shelter or access gate,
if provided. (Department of Building Inspection)
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N. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Residential building
plans may be required to bear the wet stamp of a Colorado registered architect or engineer.
(Department of Building Inspection)
O. 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 Residential
Code; 2003 International Building code; 2003 International Mechanical Code; 2003
International Plumbing code; 2003 International Fuel Gas Code; 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
P. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code. (Department of Building Inspection)
Q. Each residential building will require an engineered foundation based on a site-specific geo-
technical report or an "open hole" inspection conducted by a Colorado Registered
Professional Engineer. Engineered foundations shall be designed by a Colorado
Professional Engineer registered in the State of Colorado. (Department of Building
Inspection)
R. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code to determine compliance with offset and setback requirements.
Offset and setbacks are measured from 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)
S. Any signs located on the property shall require building permits and adhere to Section 27-6-
90 of the Weld County Code. (Department of Planning Services)
T. The property owner shall be responsible for complying with all regulations and requirements
of Section 27 of the Weld County Code including the Performance Standards listed in Article
II and Article VIII. (Department of Planning Services)
U. Weld County Government 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)
V. The property owner shall be responsible for complying with all regulations and requirements
of Section 27 of the Weld County Code including the Performance Standards listed in Article
II and Article VIII. (Department of Planning Services)
W. 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 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
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Page 10
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)
4. Prior to recording the Change of Zone Plat:
A. The applicant shall provide documentation demonstrating how the efficiency and nutrient
reduction of the proposed enhancements will improve the quality of the effluent over standard
systems. The intent of the study should be to demonstrate that the impact on local water
quality of the septic system at the proposed densities is less than or comparable to septic
systems on densities of 2.5 acres or greater. This documentation shall be submitted to the
Department for review and approval prior to recording the Change of Zone plat. Written
evidence of such shall be submitted to the Department of Planning Services. (Department
of Public Health and Environment)
B. A Septic System Management Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval. Written evidence of such shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
C. The County's maximum block length is 1,500-feet as permitted by County Code Section 24-
7-40-E. A;The applicant shall address the comments listed above at the specific step of the
review process stated. The review process will continue only when all appropriate elements
have been submitted. Issues of concern must be resolved with the Public Works
Department. (Department of Public Works)
D. The applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, .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. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code and shall
specifically address the following:
A. In accordance with Section 27-6-20.B. - Because the proposed uses differ between the
Change of Zone and specific guide, additional review of the Final Plan by the Board of
County Commissioners is warranted at a public hearing. (Department of Planning Services)
B. The Final Plan application shall specify the Home Owner's Association method of trail,open
space and/or landscape maintenance in accordance with the approved Landscape Plan.
(Department of Planning Services)
C. The Covenants for Falcon Ridge PUD shall be approved by the Weld County Attorney's
Office prior to recording the final plat. At a minimum, the covenants shall address the issue
of placement of landscape materials and other encumbrances over primary or secondary
leachfields as outlined in the referral received from the Weld County Department of Public
Health and Environment. (Department of Planning Services)
D. 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, animal husbandry activities, or other
activities that would interfere with the construction, maintenance, or function of the fields
should be restricted over the absorption field areas while in use. (Department of Public
Health and Environment)
Resolution PZ-545
Bret Larimer
Page 11
6. Prior to submittal of the Final Plan plat:
A. 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)
B. The applicant shall provide written evidence from Weld County School District RE-4(W indsor-
Severance School District) which indicates that all district requirements have been met.
(Department of Planning Services)
C. State Highway 257 is a paved two lane road. The applicant will be required to build any
necessary improvements to SH 257 directly resulting from impacts of the proposed
development. The applicant shall submit an improvements agreement and any roadway
plans with the final plat materials. Additionally, the applicant may be asked to enter into an
agreement with the County to proportionately share costs of improvements as a result of
increased traffic impacts. The costs will be based on a proportion of the traffic generated by
the development to existing traffic. A detailed traffic impact study will be reviewed. The
applicant must submit any proposed off-site agreement with the final plat application. This
development will add approximately 363 daily vehicle trip ends to the County roadway
system. (Department of Planning Services)
D. The applicant shall submit covenants for Falcon Ridge PUD. The covenants shall be
approved by the Weld County Attorney's Office prior to recording the final plat. Covenants
shall address the issues of the Weld County Department of Public Health and Environment,
at a minimum. (Department of Planning Services)
E. The applicant shall submit paperwork addressing the creation of the HOA for Falcon Ridge
PUD. (Department of Planning Services)
F. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services, Department of Public Works)
G. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District,Ambulance Services and Sheriffs Department. (Department of
Planning Services)
H. The applicant shall provide for a bus stop/pick up area at the entrance to Falcon Ridge PUD
or provide written evidence from Weld County School District RE-4;the Weld County Sheriff's
Office and the Postal Service indicating that an alternative was preferred. (Department of
Planning Services)
The applicant shall prepare a pavement design prepared by a professional engineer
submitted with the Final Plan materials. (Department of Public Works)
J. Easements shall be shown on the Final Plat in accordance with County standards (Section
24-7-60)and/or Utility Board recommendations. (Department of Public Works)
K. Intersection sight distance triangles at the development entrance(s) will be required. 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)
L. 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)
Resolution PZ-545
Bret Larimer
Page 12
M. 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)
N. 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 materials. (Department
of Public Works)
O. 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. (Department of Public Works)
P. 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 map. (Department of Public
Works)
Q. The applicant must show the proposed detention facility and corresponding easement on the
final plan materials. The maintenance of the detention pond shall be addressed.
(Department of Public Works)
R. The drainage report shall address the concerns expressed by the ditch company in the letter
submitted with the change of zone application (by The Dow Law Firm, LLC on behalf of the
Windsor Reservoir&Canal Company, dated June 7,2005). (Department of Public Works)
S. 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)
T. 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)
U. The applicant shall submit an on-site Improvements Agreement According to Policy
Regarding Collateral For Improvements with the final plan application. These agreements
must be reviewed by Public Works and shall be approved by the BOCC prior to recording the
final plat. (Department of Public Works)
W. The applicant shall submit an Improvements Agreement According to Policy Regarding
Collateral for Improvements(Private Road Maintenance)with the final plan application. This
agreement must be reviewed by Public Works and shall be approved by the BOCC prior to
recording the final plat. (Department of Public Works)
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. (Department of Planning
Services)
B. The applicant shall enter into Improvements Agreement According to Policy Regarding
Collateral for Improvements. The agreement shall be approved by the Board of County
Resolution PZ-545
Bret Larimer
Page 13
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 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)
8. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at the appropriate location
adjacent to the entrance of the subdivision. (Department of Building Inspection)
B. A separate building permit shall be obtained prior to the construction of any structure,
including any future entryway. Permits are required for any sign, bus shelter or access gate,
if provided. (Department of Building Inspection)
C. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Residential building
plans may be required to bear the wet stamp of a Colorado registered architect or engineer.
(Department of Building Inspection)
D. 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 Residential
Code; 2003 International Building code; 2003 International Mechanical Code; 2003
International Plumbing code; 2003 International Fuel Gas Code; 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
E. 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 the Weld County Code. (Department of Building Inspection)
F. Each residential building will require an engineered foundation based on a site-specific geo-
technical report or an "open hole" inspection conducted by a Colorado Registered
Professional Engineer. Engineered foundations shall be designed by a Colorado
Professional Engineer registered in the State of Colorado. (Department of Building
Inspection)
G. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code to determine compliance with offset and setback requirements.
Offset and setbacks are measured from 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)
Resolution PZ-545
Bret Larimer
Page 14
Motion seconded by Doug Oschner
VOTE:
For Denial Against Denial Absent
Michael Miller
Roy Spitzer
Erich Ehrlich
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Paul Branham
The Chair declares the resolution passed and ordered that a certified copy be forwarded with the
file of this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 November 15, 2005.
Dated the 15th day of November, 2005.
Donita May
Secretary
II - ►5- oc5
The Chair then proposed a change to sound limitations in the Agricultural Zone District to read, "All
stationary or semi-stationary equipment used in the Agricultural Zone District shall comply with the noise
levels applicable to the Commercial Zone District." Currently there are no provisions for limitations in the
Agricultural Zone District and he felt that was a reasonable addition to the code in that area as the county
is becoming more urbanized and he wants to prevent it becoming a larger issue in the future. Mr.
Oschner asked if the noise was to be measured from the noise source or property line. The Chair replied
that it would be measured from the property line. Trevor Jiricek, Department of Environmental Health, said
per state statute, you would measure twenty-five (25)feet from the property line. Mr. Barker said noise
levels from 7 am to 7pm allowed sixty(60)decibels and from 7pm to 7am fifty-five (55)decibels.
Definitions by state statute are different from our Commercial Zone District so you could make it more
restrictive per state statute but need to spell out the Commercial Zone District as defined in Section 25-12-
102. Mr. Holton asked what sixty-five (65)decibels would sound like. Mr. Jiricek said a vacuum cleaner is
an example of sixty-five (65) decibels. Mr. Holton asked who would enforce noise levels. Mr. Barker
responded that things would remain basically the same,just become stricter in the Agricultural Zone
District for those activities deemed commercial. Mr. Jiricek answered a question about a water pump in
the Agricultural Zone District and said standards do not presently apply, but would change with this
amendment. The Chair said the intent is to eliminate this kind of problem because presently there are no
provisions other than hiring an attorney and suing. Ms. Mika asked how this could be enforced with
mineral extraction etc. The Chair said there was no way at present. Ms. Mika said they are addressed in
the Use by Special Review permit process. Mr. Ehrlich asked if using commercial equipment in the
Agricultural Zone District would constitute a violation. The Chair said it would be an agricultural use but he
wants the commercial noise standard added. Mr. Holton asked about tractors excluding harvest and
should they be muffled. Mr. Oschner replied that was addressed in the right to farm clause. Mr. Branham
said he agrees with the proposed amendment but knows from experience that decibel readings are not
always appropriate for commercial use. He suggested that it might be worthwhile to have staff examine
this and come back with recommendations at a later date. Ms. Mika agreed that would be appropriate. It
was decided that staff address this issue with the Board of County Commissioners and make a
recommendation available to the Planning Commission at a future date.
ti 6. CASE NUMBER: PZ-545
APPLICANT: Bret Larimer
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of AmRE-1452; Pt SW4 of Section 4, T6N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from Agriculture to PUD- Estate for 38
residential developments with 26 acres more or less of open
space located outside of an IGA or UGB; North of the Town of
Windsor
LOCATION: East of and adjacent to SH 257 and 1/2 mile south of CR 74.
Kim Ogle,Department of Planning. This case is PZ-545,a Change of Zone from A(Agricultural)to PUD with
Estate uses for thirty-eight(38)residential Lots and 25.55 acres of Common Open Space(Falcon Ridge PUD)
located outside of an Intergovernmental Agreement Area and an Urban Growth Boundary Area,utilizing water
from North Weld County Water District and individual septic systems. The applicant is Bret Larimer,
representing WIPO, LLC.
The property is located 0.25 mile north of CR 72;east of and adjacent to State Hwy 257. The property slopes
west to east away from SH 257,a two lane State Highway with a posted speed of 65 mph at this location. The
Windsor Reservoir & Canal Company (Springer Ditch) lies along the eastern edge of this proposed
development.
Predominate land use is agricultural with residential subdivision development in the immediate vicinity. The
property is north of the corporate city limits and contiguous with the Town of Windsor's corporate limits along
the western property line all located within the Town's Growth Management Area. This planning area,
although recognized by the Town, is not recognized by Weld County.
The Windsor Assembly of God church facility is located adjacent to the south,Moriah Estates PUD(24 lots on
8
septic) is to the east; North Shores at Windsor PUD (43 lots on septic) is to the south and undeveloped
annexed property is to the west. Lands north of this proposed development remain in agricultural production.
Eighteen referral agencies reviewed this case, with twelve referral agencies responding. All responding
agencies have included conditions of approval and/or recommendations that have been addressed in the
development standards and conditions of approval.
As previously stated, the sites does not lay within an Intergovernmental Agreement Area or Urban Growth
Boundary Area,but does lie within the three mile referral radius of the Towns of Windsor and Severance. The
Town of Windsor returned a referral stating they recommend denial of the application, as the proposal is not
consistent with the Town of Windsor Estate Residential(E-1)zoning district which requires a minimum lot size
of two and one-half (2 1/2) acres when individual sewage disposal (septic) systems are authorized and
approved by the town. Further, given that the subject property is contiguous with the town's corporate limits
along the western property line,the property appears to be eligible for annexation to the town. Therefore,the
town requests that the Weld County Department of Planning Services refer the applicant to Windsor for
annexation and development through the town's processes. The Town of Severance did not respond to this
proposal.
The sign noting this hearing date and location was posted by Planning Services staff. There have been no
letters received from surrounding property owners prior to the Planning Commission hearing. There were
three telephone inquiries from surrounding property owners prior to the Planning Commission hearing,with no
individual review of the case.
The Department of Planning Services is recommending denial of this case as the submitted materials are not
in compliance with the Weld County Code.
Bret Larimer and Julie Sullivan, representing WIPO, LLC, 1600 W Horsetooth Rd, Fort Collins, CO. 80526,
requested a recommendation of approval from the Board of County Commissioners on the proposed Falcon
Ridge PUD. They believed this application met all the conditions and requirements of a PUD as per Section
27-6-120 of the Weld County Code. The original application was for forty-eight(48)lots,now reduced to thirty-
eight(38)residential lots. Concerns have been met and plans have been modified.Street maintenance has
been reduced by the elimination of two cul-de-sacs and reduced overall pavement area; open spaces have
been increased;and drainage patterns and stormwater retention has been addressed. They are asking for a
change of zone from ag to PUD. The property is no longer productive farmland as alfalfa is the only crop that
will grow; there is no irrigation water; it is surrounded by existing Planned Unit Developments and proposed
PUD's;and therefore the only alternative is a PUD due to development in the area. This property is poised for
development and is consistent with surrounding PUD's. They are limited to being a non-urban scale
development because it lays outside of an Urban Growth Boundary. By definition they are precluded from
non-urban scale development because they are adjacent to other PUD's. The only alternative they have is
urban scale development because they are in close proximity to existing PUD's, multiple boundaries,
municipal boundaries, or urban growth corridors. They are actually located in the Severance UGB, and in
close proximity to other similar subdivisions in the area, namely Moriah Estates, Shiloh, North Shores at
Windsor PUD,and the Windsor Assembly of God Church PUD.They(Windsor Assembly of God Church)felt
the subdivision would be a valuable asset to Weld County and have met the Development Standards and
Conditions of Approval. The applicant's have demonstrated compatibility with surrounding subdivisions and
will provide for strict covenants to warrant property value similar to contiguous PUD's. The applicant's asked
for a recommendation of approval from the Planning Commission.
The presiding Chair, Michael Miller, said there is one glaring difference in the lack of compatibility with the
septic standards required for two and a half (2-1/2) acres, which the existing subdivisions have, and he
wondered why they had abandoned this plan. Mr. Larimer said they have consulted with an engineer who has
developed a superior waste system plan for Falcon Ridge with many enhancements: septic systems designed
by a licensed soil engineer; effluent filters; over-size septic tanks; absorption trench drain fields; alternating
drain fields; monitoring ports; and a management plan and program to educate the homeowners about the
system. They also plan a Homeowner's Association to monitor and maintain the systems as a group rather
than individually. They will have continuously monitored systems and presently have conditional approval of
the Environmental Health Department based on their plan. Public sewers are not a feasible solution to this
development. They are surrounded by developments on septic systems.
9
The Chair asked if it would have been easier to reduce the number of lots rather than go through all of this.
Mr. Larimer said their systems are spread out and they are not harming the environment any more than
anyone else, and if the Environmental Health Department had given approval, then he does not understand
why the Planning Commission would have any problem with this development. They are proposing thirty eight
percent (38%)open space that surrounds and connects the community.
Mr. Oschner asked for more clarification regarding the open space maintenance. Mr. Larimer said they are
offering a large open space in the middle of the community, which gives the ability for connecting jogging
paths,trails etc.They will plant native grass to maintain the integrity of the community. There is a huge buffer
zone between the homes and Hwy 257.
Mr. Ehrlich asked about a ditch or a canal in the development. Mr. Larimer said setback is more than one
hundred (100)feet at the back of the homes.
The Chair asked if open space will be irrigated. Mr. Larimer said there is not enough water attached to the
land at present to allow for irrigation.
Mr. Holton asked if Severance had any interest in annexing the development. Mr. Larimer said they had
spoken to Severance, been welcomed by them with open arms specific to septic etc. but weren't able to get
contiguity.
Mr. Branham said documents he has in his possession contradict what Mr. Larimer said the Environmental
Health Department is recommending. Mr. Larimer cited a memorandum dated October 10, 2005,from Pam
Smith, Environmental Health Department, in which they have agreed to all of the conditions and are just
waiting on one report. Mr.Jiricek said this is still good reliable data from 2004 and the Environmental Health
Department is recommending approval due to the enhancements the applicant has presented regarding
effective density. These are higher maintenance systems that will become the responsibility of the
homeowners and that is about the only thing they have issue with. Mr.Larimer suggests fee collection through
the HOA for system maintenance and it will be monitored by the HOA to assure that this is done.
Mr. Branham said maintenance requirements are above and beyond regular maintenance and asked how
those would be managed. Mr. Larimer said that was true and would be managed through the HOA.
Mr. Holton asked if the HOA would hire a consulting firm. Mr. Larimer replied that a professional soils
engineer from one firm would handle all the systems including monitoring,maintenance and repair. The Chair
asked who would make sure this is followed through. Mr. Larimer said the HOA will follow through. Mr.
Barker said it is only enforceable by the HOA at the time and if the homeowners felt the fee was too high,they
could stop maintenance.
Mr. Holton asked if Environmental Health could come in and ask for replacement of the sewer system. He
said these systems are basically little waste water treatment plants and he is confident that original
homeowners will be educated but is concerned about maintenance when homes eventually change hands.
Mr.Larimer said they are trying to make a nice development with systems that are superior to traditional septic
systems.
The Chair asked about system monitoring going back to the homeowner. Mr. Jiricek responded that
Environmental Health does not want to be involved with policing the systems,so yes,the homeowners will be
responsible for maintenance.
Mr. Holton inquired about the efficiency of these systems versus traditional systems. Mr. Jiricek said it
depends on which options you pick, but could be from twenty-five percent (25%) to one hundred percent
(100%)more efficient, but are looking for at least thirty-three percent(33%)efficiency. These systems require
active maintenance as opposed to traditional septic systems that require maintenance and pumping every few
years.
Mr. Ehrlich asked about monitoring the water table so homeowners in the northwest corner don't have
problems. Mr.Jiricek said there are state standards that will oversee this. Mr. Larimer said each system will
10
be constructed per the requirements of the specific lot.
Mr. Oschner asked if they would see this case again. Mr. Ogle said it would go before the Board of County
Commissioners for the final plan, as they are presently looking only at the Change of Zone.
Mr. Ehrlich asked if Windsor wants this subdivision so that it can be on their sewer system. Mr. Holton asked if
the chunk by the church was annexed by Windsor. Mr. Larimer said no.
Mr. Ehrlich asked Mr. Ogle about Moriah Estates and Shilo and their septic densities per acre. Mr.Ogle said
both are above the 2.5 acres.
Mr. Spitzer asked if Moriah, Shilo or Northshore had been annexed by Windsor. Mr. Ogle said they had not.
Mr.Spitzer inquired about a letter from Scott Ballstadt,Windsor Planning,dated October 7,2005. Mr.Larimer
responded regarding the annexation and said some distances are incorrect.
The Chair asked if there was anyone in the audience wishing to speak for or against this application. As there
were none, the public portion of the hearing was closed.
The applicant submitted into evidence,a letter from the Pastor at the Windsor Assembly of God Church which
lent his support to the applicant's application.
The Chair asked the applicant if he had read the Conditions of Approval and Development Standards and was
in agreement. Mr. Larimer said yes.
Mr. Ehrlich said he resides in that area and thinks it is a great development but still has issue with the HOA
maintenance of the septic systems that could go back on the Environmental Health Department.
Mr. Holton asked Mr. Barker how that affects the county legally. Mr. Barker said the homeowners would be
responsible for the bill.
Mr. Spitzer said he has great faith in septic systems and with proper maintenance they are fine, but that if he
had a chance to hook up to a sewer line, he would, no matter what the tap fee.
The Chair said septic concerns come down to money. The applicants originally planned for twenty-eight(28)
lots and are now at thirty-eight (38) lots, which could cause serious problems down the road, and again
referred to the letter from Windsor and Scott Ballstadt. The Chair said he does not feel comfortable saddling
thirty-eight homeowners with thirty-eight high maintenance treatment plants. He is also concerned that
twenty-eight acres of unirrigated ground will probably become twenty-eight acres of weeds and thus limit the
useability of the open space for the homeowners. For those reasons, he does not support approval.
Mr. Oschner referred to Section 22-2-110.D. of the code regarding urban development adjacent to existing
municipalities, saying this area is as urban as they will get in these rural areas. Mr. Oschner feels estate
requirements have been met and the septic systems satisfy him as well. But the intent of estate zoning is just
that and the gross density concerns him as well as the fact that native grasses are tough to grow on dry land
and the area needs to be irrigated.
The Chair said urban development next to similar developments is done so that services such as domestic
water and sewer can be provided and said he felt too many corners were being cut.
Mr. Holton asked about sewer system failure. Mr. Jiricek said this is no worse than regular systems. Mr.
Holton would like to see the open space larger, and asked at what point does technology get better and the
Environmental Health Department and the code take that into consideration. The Chair said he felt they had
addressed that today.
Mr.Spitzer said he feels the way the system is set up,if the HOA decides to bail and the engineer is no longer
in business, what will the consequences be. The Chair said neighboring developments have abided by the
2.5 acres per system and this development is coming in under that.
11
Mr. Ehrlich inquired if the septic system could get compromised if close to a lake. Mr. Jiricek said it should
not, as the system must meet a specific set of criteria.
Mr. Branham said the county policy of septic on 2.5 acres is acceptable and does not want to lower those
standards.
Mr. Welch said he is not concerned about the near future but is concerned about the sustainability twenty
years from now.
Paul Branham moved that Case PZ-545,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial. Doug Oschner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer,yes;James Welch,yes; Michael Miller,yes; Erich Ehrlich,yes;Tom Holton,yes; Doug Ochsner,yes;
Paul Branham, yes. Motion carried unanimously.
Doug Oschner commented his denial vote was based on density.
Erich Ehrlich commented that he agreed with Mr. Oschner in recommending denial.
Meeting adjourned at 5:20 p.m.
Respectfully submitted
Donita May
Secretary
•
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