HomeMy WebLinkAbout20062954.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-1114
APPLICANT: Pyrenees Properties LLC
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Lot C of RE-3058, Pt of Section 15, T7N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from Agricultural to PUD for 8 residential lots with Estate
Zone District uses, 1 residential lot with Agricultural Zone District uses,
and 1 outlot (Frederick PUD)
LOCATION: North of and adjacent to CR 80; Y2 mile east of CR 19.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 27-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a -- The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19(Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23(Zoning), Chapter 24 (Subdivision) and Chapter 26(Mixed
Use Development) of the Weld County Code. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.8.1:P.Goal 2-- 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 and Individual
Sewage Disposal Systems that will handle the effluent flow.
2) Section 27-2-140: Nonurban scale development. Nonurban scale developments are
developments comprised of nine(9) or fewer residential lots, located in a nonurban area as
defined in Chapter 22 of this Code, not adjacent to other PUDs, subdivisions, municipal
boundaries or urban growth corridors. Nonurban scale development shall also include land
used, or capable of being used, for agricultural purposes and including development which
combines clustered residential uses and agricultural uses in a manner that the agricultural
lands are suitable for farming and ranching operations for the next forty(40)years. Nonurban
scale development on public water and septic systems may have a minimum lot size of one
(1) acre and an overall gross density of two and one-half(22V acres per septic system.
Nonurban scale development proposing individual, private wells and septic systems shall
have a minimum lot size of two and one-half (2%) acres per lot. Nonurban scale
developments located outside the MUD area are not subject to the common open space
requirement. This definition does not affect or apply to those coordinated planning
agreements between the County and municipalities which are in effect as of May 14, 2001.
(Weld County Code Ordinance 2001-1;Weld County Code Ordinance 2003-10;Weld County
Code Ordinance 2006-2)
The site is not located within an IGA, UGB, MUD, or urban development node,or adjacent to
other PUDs, subdivision, municipal boundaries, or urban growth corridors. As such, it is
considered a rural subdivision that is not subject to urban scale development standards. The
common open space requirements of Section 27-2-60 do not apply, nor do the automatic
paved internal road requirement of Section 27-2-190. The proposed design includes a lot
that is sufficient in size and proposed for Agricultural District uses so as to be suitable for
farming and ranching operation for the next forty years, per the policies of Section 27-2-140.
EXHIBIT
2006-2954 1 r
P #Illy
Resolution PZ-1114
Pyrenees Properties LLC
Page 2
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. The applicant has met the performance standards as delineated in
Section 27-2-10. Proposed conditions of approval and the proposed Development Standards
will ensure compliance with Section 27-2-20 through 27-2-210 of the Weld County Code.
C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning, and
with the future development as projected by Chapter 22 of the Weld County Code or master plans
of affected municipalities.The proposed site is within the three mile referral area for the Town of
Severance and Larimer County.The Town of Severance did not respond to the referral request,
and Larimer County indicated no conflict with their interests.
D. Section 27-6-120.6.d-That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article II the Weld
County Code. The proposed PUD will be serviced by North Weld County Water District and
Individual Sewage Disposal Systems will handle the effluent flow. The minimum lot size is 2.1
and,coupled with the overall density of one septic system per 17 acres,does meet current Health
Department policy.
E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. The Weld County Department of
Public Works is not requiring improvements or dust control for County Road 80. County Road 80
is classified by the County as a local gravel road and requires a 60-foot right-of-way, which is
existing and documented.
F. Section 27-6-120.6.f-An off-site road improvements agreement and an on-site improvements
agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and
a road improvements agreement is complete and has been submitted,if applicable.Conditions of
approval ensure that the applicant will complete an on-site (Private) Improvements Agreement
that addresses all improvements associated with this development,per compliance with Section
24-9-10 of the Weld County Code, prior to recording the final plat.
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 eastern portion of the site lies within the
100-year floodplain, as depicted on FIRM Community Panel #080266 0475D dated September
22, 1999. Areas located within the floodplain are depicted on the draft Change of Zone plat as
no-build zones. The site does not lie within any other overlay districts. The Weld County
Department of Building Inspection has indicated that 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.
In a referral response dated March 8, 2006, the Colorado Geological Survey (C.G.S.)
recommended all items identified by the applicant's Geologic and Preliminary Geotechnical
Investigation (CTL Thompson) be addressed. Proposed Conditions of Approval and
Development Standards ensure that all issues concerning the floodplain,shallow groundwater,oil
and gas operations, and existing fill piles are addressed.
Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program.
Effective August 1,2005, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact
Fee.
Resolution PZ-1114
Pyrenees Properties LLC
Page 3
H. Section 27-6-120.6.h- Consistency exists between the proposed zone district(s), uses, and the
specific or conceptual development guide. The submitted Specific Development Guide does
accurately reflect the performance standards and allowed uses described in the proposed zone
district,as described previously.The applicant is requesting an administrative review for the Final
Plat stage of subdivision.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A(Agricultural)to PUD for eight(8)residential lots with Estate Zone District uses, 1
residential lot with Agricultural Zone District uses, and 1 outlot is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1114. (Department of Planning Services)
2) Two septic system envelopes shall be designated on lots 1-8, with provisions that the
secondary absorption field envelope be preserved in a manner that will allow its future use.
(Department of Public Health and Environment)
3) The applicant shall submit evidence that the following requirements have been satisfied to
the satisfaction of the Weld County Department of Public Works:
a) Public Works is in acceptance of an additional access for agricultural purposes.
Residential access to Lot 9 must be from the internal roadway. The additional
proposed access off CR 80 shall be shown as an agricultural access only.
(Department of Public Works)
b) Lots 6, 7 and 8 shall be shown to exclude the existing section line right-of-way.
(Department of Public Works)
c) 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 typical section of interior
roadway shall be shown as two 12-foot gravel lanes with 4-foot gravel shoulders on
the change of zone plat. The cul-de-sac edge of pavement radius shall be fifty(50)
feet. (Department of Public Works)
4) The plat shall indicate the location of a development sign, if planned,and provide an outlot
for common ownership. Verify that the required ten (10)foot setback from the road right-
of-way can be met, or provide a request for variance from this standard. (Department of
Planning Services)
B. The applicant shall provide detention for the portions of Lots 6, 7, and 8 not in the 100-year
floodplain. (Department of Public Works)
C. All detention facilities shall capture the 100-year developed runoff and release it at a rate not to
exceed the 5-year historic rate, as per Weld County Code 24-7-130(D). (Department of Public
Works)
D. Offsite and onsite USGS contours referenced in text must be shown on the plan sheets (1 of 2
and 2 of 2). (Department of Public Works)
E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
Resolution PZ-1114
Pyrenees Properties LLC
Page 4
F. Eliminate all building envelopes from lot 9
3. The Change of Zone is conditional upon the following and that each shall be placed on the Change of
Zone plat as notes prior to recording:
A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for eight
(8) residential lots with Estate Zone District uses, one (1) residential lot with Agricultural Zone
District uses,and one(1)outlot(Frederick PUD)as indicated in the application materials on file in
the Department of Planning Services.The eight(8)residential lots will adhere to the uses allowed
in the E(Estate)Zone District,and the one(1)residential lot will adhere to the uses allowed in the
A (Agricultural) Zone District. The PUD will be subject to and governed by the Conditions of
Approval stated herein and all applicable Weld County Regulations. (Department of Planning
Services)
B. A request to allow gravel, unpaved roads has been granted by the Director of Public Works per
Section 27-2-20 of the Weld County Code. (Department of Public Works)
C. 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.
Open space restrictions are permanent. (Department of Planning Services)
D. Water service shall be obtained from North Weld County Water District. (Department of Public
Health and Environment)
E. This subdivision is 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)
F. Primary and secondary septic envelopes shall be placed on lots 1-8. All septic system envelopes
must meet all setbacks, including the 100-foot setback to the 100-year Flood Plain boundary and
25 feet to the detention pond. (Department of Public Health and Environment)
G. 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)
H. Any abandoned septic system must comply with the Weld County Code Section 30-4-20(D).The
applicant should contact the Department to update existing septic permits for those systems that
have been abandoned. (Department of Public Health and Environment)
I. 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)
J. 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)
Resolution PZ-1114
Pyrenees Properties LLC
Page 5
K. 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)
L. 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)
M. "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)
N. A separate building permit shall be obtained prior to the construction of any structure including the
mail cluster box. (Department of Building Inspection)
O. 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)
P. 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)
Q. Each residential 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)
R. 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 Zoning Ordinance. (Department of Building Inspection)
S. 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 27 of the
Weld County Code. Building height shall be measured in accordance with Chapter 27 of the
Weld County Code in order to determine compliance with offset and setback requirements.
When measuring buildings to determine offset and setback requirements,buildings are measured
to the farthest projection from the building. Property lines shall be clearly identified and all
property pins shall be staked prior to the first site inspection.(Department of Building Inspection)
T. Provide letter of approval from Windsor/Severance Fire Protection District prior to new residential
construction. (Department of Building Inspection)
U. All signs including entrance signs shall require building permits.Signs shall adhere to Section 23-
4-60 and following of the Weld County Code.These requirements shall apply to all temporary and
permanent signs. (Department of Planning Services)
V. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
Resolution PZ-1114
Pyrenees Properties LLC
Page 6
W. Effective August 1,2005, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact
Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
X. Any construction or improvements occurring in the floodplain shall comply with the Flood Hazard
Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code.
(Department of Planning Services)
Y. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.(Department of
Planning Services)
Z. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
AA. Weld County personnel shall be granted access onto the property at any reasonable time in order
to ensure the activities carried out on the property comply with the Development Standards stated
herein and all applicable Weld County Regulations. (Department of Planning Services)
BB. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning Services, and
adopted Weld County Code and Policies. (Department of Planning Services)
CC. 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)
DD. The applicant shall comply with Section 27-8-50 Weld County Code,as follows: Failure to submit
a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within
three (3) years of the date of the approval of the PUD Zone District, the Board of County
Commissioners shall require the landowner to appear before it and present evidence
substantiating that the PUD project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submission of the PUD Final Plan. The Board may
extend the date for the submission of the PUD Final Plan application and shall annually require
the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that
conditions or statements made supporting the original approval of the PUD Zone District have
changed or that the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded
PUD Zone District reverted to the original Zone District. (Department of Planning Services)
EE. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
FF. Auxiliary quarters will be allowed on all lots and with the exception of the minimum lot size must
meet all requirements of the Weld County Code Section 23-1-90 as amended.
4. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within thirty(30)days of approval by the Board of County Commissioners.With the Change of Zone plat
map, the applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf,and .dgn (Microstation); acceptable GIS formats
are .shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
Resolution PZ-1114
Pyrenees Properties LLC
Page 7
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be
recorded within the required thirty (30) days from the date of the Board of County Commissioners
resolution a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
6. At the time of Final Plan submission:
A. The applicant shall submit preliminary covenants for review by County staff. Relevant items
indicated in the applicant's"Response to Sketch Plan Staff Comments and Referral Responses"
submitted with the Change of Zone application shall be incorporated as indicated. In addition,
requests from the Department of Heath and Environment from their referral of September 12,
2006, recommending that language for the preservation and/or protection of second absorption
field envelopes shall be placed in the development covenants. The covenants should state that
activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary
structures,dirt mounds,etc.)activities are expressly prohibited in the designated absorption field
site. (Department of Planning Services)
B. The applicant shall re-submit information explaining how the application complies with the goals
and policies of the PUD section of the Comprehensive Plan (Section 22-2-210). (Department of
Planning Services)
C. The applicant shall provide additional information about the detention pond location within Lot 2,
either removing the pond from the limits of the lot or providing a building envelope that avoids the
pond area. If the pond is to remain in the ownership of the private lot,a drainage easement shall
be provided for the ownership and maintenance of the homeowners'association. (Department of
Planning Services)
D. The applicant shall provide additional information about the oil and gas drilling window located on
the street,proposed Outlot A, and the neighboring property, indicating how future drilling activity
would be coordinated between the three interests. (Department of Planning Services)
E. The applicant shall provide information concerning oil and gas agreements in place and verify that
proposed well envelopes are acceptable to all applicable mineral rights owners. (Department of
Planning Services)
F. Information shall be provided as to the proposed location of a mail kiosk,with any requests made
to waive setback or offset requirements, if needed. (Department of Planning Services)
G. All copies of the final plan application shall include a copy of the proposed street name and
addressing as indicated in the referral response from Lin Dodge, Building Technician, Weld
County Building Inspection. (Department of Planning Services)
H. The applicant shall include evidence in the final plan application that the appropriate postal district
has reviewed the proposed addressing and interior street name. (Department of Planning
Services)
I. The applicant shall submit a detailed Landscape Plan for review and approval. (Department of
Planning Services)
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 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)
Resolution PZ-1114
Pyrenees Properties LLC
Page 8
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)
M. The applicant shall submit Improvements Agreements According to Policy Regarding Collateral
for(on-site) Improvements with the final plan application. These agreements must be reviewed
by Public Works and shall be approved by the Board of County Commissioners prior to recording
any final plat. (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 application. The 5-year storm and 100-year
storm drainage studies shall take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of the 100-year storm
developed condition while releasing the 5-year storm existing condition.The final drainage report
shall include a flood hazard review documenting any FEMA defined floodways. The engineer
shall reference the specific map panel number, including date. The development site shall be
located on the copy of the FEMA map. (Department of Public Works)
O. The applicant shall prepare a construction detail for typical lot grading with respect to drainage for
the final 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)
7. Prior to recording the final plat:
A. The applicant shall submit written evidence from School District RE-4 to the Department of
Planning Services which indicates that all School District requirements have been met.
(Department of Planning Services)
B. The applicant shall enter into an Improvements Agreement According to Policy Regarding
Collateral for(Private) Improvements(on site). The agreement shall be approved by the Board of
County Commissioners. (Departments of Planning Services and Public Works)
C. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the state. (Department of Planning Services)
D. The applicant shall submit a copy of a finalized Water Service Agreement between the applicant
and North Weld County Water District for service to the PUD. (Department of Planning Services
and Division of Water Resources)
E. The applicant shall submit finalized covenants and the appropriate recording fee(currently$6 for
the first page and $5 for each additional page) to the Department of Planning. (Department of
Planning Services)
F. The applicant shall submit a digital file of all drawings associated with the Final Plan application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are
.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred
format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning
Services)
8. Prior to release of collateral:
A. The applicant shall submit evidence that ownership of the outlot(s) has been transferred to the
Homeowners Association. (Department of Planning Services)
Resolution PZ-1114
Pyrenees Properties LLC
Page 9
Motion seconded by Tom Holton
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, 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 October 3, 2006.
\Dated the 3rd of October, 2006.
(XL Qo A-- 110..0E
Voneen Macklin
Secretary
to- 3, -
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley, yes; Roy Spitzer, yes; Erich Ehrlich, yes; James Welch, yes; Chad Auer, yes; Tom Holton, yes;
Bruce Fitzgerald,yes; Paul Branham, yes. Motion carried unanimously.
Chad Auer added that this case will also be heard at the Board of County Commissioners so there is
another opportunity to voice concerns.
— CASE NUMBER: PZ-1114
APPLICANT: Pyrenees Properties LLC
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Lot C of RE-3058, Pt of Section 15, T7N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from Agricultural to PUD for 8 residential lots with Estate
Zone District uses, 1 residential lot with Agricultural Zone District uses, and 1 outlot(Frederick PUD)
LOCATION: North of and adjacent to CR 80; 1/2 mile east of CR 19.
Brad Mueller, Department of Planning Services presented Case PZ-1114, reading the recommendation and
comments into the record.The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards. Staff has requested an addition to the
Conditions of Approval. The language consists of the following"Auxiliary quarters will be allowed on all lots
and with the exception of the minimum lot size must meet all requirements of the Weld County Code Section
23-1-90 as amended."
Paul Branham asked if those quarters will be on all lots regardless of the less than 2.5 acre minimum lot size.
Mr. Mueller stated the PUD standards are not required to match those of the Weld County Code and in this
case the applicants are asking that a different standard be applied for this subdivision specifically less than 2.
5 acres. Mr. Branham indicated that would be two residences on one lot. Ms. Smith, Department of Public
Health and Environment, added there would not be separate structures. It would be more like an additional
bedroom or mother-in-law quarters something with a possible adjacent wall. The auxiliary quarters would
require a larger septic system but would be treated as an additional bedroom. Mr. Mueller added auxiliary
quarters will be an enlargement of the primary structure. The Estate Zone District is still trying to preserver the
agricultural, rural appeal of the area. The Planning Commission needs to determine if the acreages that are
proposed still allow the intent to be preserved or whether it is important when the lots have been clustered.
Staff did not express concern with the minimum lot size in correlation to the auxiliary quarters.
Pam Smith, Department of Public Health and Environment, reviewed her comments with regards to the
engineering report and the water levels. These levels, relative to the proposed building envelope for Lot 9
could cause some problems. Department of Public Health and Environment is not recommending denial but
would like to have that building envelope removed to alleviate any potential problems. Mr. Spitzer indicated
there was a report done at a later date and this information was provided to Ms. Smith. After review, Ms.
Smith still indicated there are potential problems. The new report had few bore samples which helps but there
is still a significant concern for the groundwater in the area and there will be a need for engineered septic
systems.
Anne Johnson, Todd Hodges Design, provided clarification on the application. The applicant has already
agreed to drop that building envelope. The applicant would like to change the name of the subdivision to
Hollis Crossing Estates with the internal road being named Sonny Miller. There will be no building on lots 6-8
and Lot 9 is an agricultural outlot. There are 8 SF Lots ranging 2.1 —8.4 acres each with Auxiliary Quarters.
Flood Plain in Lots 6,7 and 8 have been designated as"Non Buildable" Lot sizes are 5.3, 5.5 and 8.4 for 6,7,
8 respectively. Designating less than half of each lot as"Non Buildable" does not affect the use of the lots.
Lot 9 is a 116+/-acre agricultural parcel with Auxiliary Quarters. Building Envelopes have been solidified as
north of Lot 5&modified around future drill site. The agricultural access proposed just west of lot 3 has beer°all
granted. There is an existing farm road through Building envelopes to Lot 9. The applicant has worked with
referral agencies and Planning Staff to mitigate concerns prior to this hearing. Such as: the Post Office Location and Construction Standards; School bus system and delivery; Town of Severance: Access, Plan t
Windsor/Severance Fire Protection District: Necessary Standards and Weld County Department of Public m
Works. This proposal meets and exceeds portions of the review and approval criteria for a PUD Change of
Zone in the Weld County Code. We therefore request that the PC forward this request for a favorable
recommendation to the BCC and support for staff review of the Final Plat.
Erich Ehrlich asked about the request from RE-4 with regards to cash in lieu. Ms. Johnson stated that was
difficult for the applicant but they are willing to adhere to this.
Tom Holton asked for clarification on Lot 9. Ms.Johnson stated there will be one building envelope which is
north of lot 5 and it will be sold as a large agricultural lot or it will be retained. Mr. Holton asked why there was
a need to have a building envelope for Lot 9. Mr. Mueller stated that the goal is to preserve contiguous
agricultural land as much as possible. This preserves that ability as opposed to placing the envelope out in
the middle. The applicant volunteered the location. The non urban area criteria requests the designation of
lands that can be used for agricultural related purposes.
Paul Branham added that in the application there is reference to subdivide Lot 9 in the future;what is the time
frame for this. Ms.Johnson stated there is no time frame but the applicant would like to keep that as a viable
option. Mr. Branham added that Lot 9 is designated to be agricultural for 40 years so is there a time frame
from approval to when the applicant can submit to divide Lot 9. Mr. Mueller noted that the difference in the
language is"shall not be developed for a cluster PUD"versus"suitable for farming and ranching for the next
40 years." The applicant could argue the area is suitable for that but they would still need to go through the
complete process. The application may suggest the development but it may not be supported at the time of
the request. Mr. Fitzgerald added the next application may not even be with the county it could be annexed
into Severance by then.
Tom Holton asked why the need to have a building envelope on Lot 9 that seems restrictive to whomever
owns Lot 9. Mr. Mueller stated there were some areas that will not be allowed for residences because of
accesses. The envelope was proposed by the applicant and there is other supporting language to preserve
agricultural lands. The Planning Commission can indicate the envelope does not need to be shown. Mr.
Holton preferred not to have it designated on the plat. This is for the private property owners and they will
need to come in and get permits to build the residence or septic systems. Mr. Mueller indicated that there is a
condition that asks for two septic systems envelopes on each lot so those would be reviewed by Department
of Public Health and Environment. There is a plat note addressing the septic envelopes and language for
protection of the absorption fields.
Anne Best Johnson added they would be happy to drop the building envelope for Lot 9 knowing the protection
of the septic envelopes will be covered by the same set of covenants.
Chad Auer clarified Condition 2.A.2 for the two envelopes on each lot. Ms.Smith stated the condition could be
amended to designate the envelopes on lots 1-8. Mr. Holton added that the building envelope on Lot 9 seems
restrictive to one area. Ms. Smith indicated it was fine with her to take the envelope off Lot 9. The intent was
for possible future development and the security of the location. Mr. Holton stated the plat notes will control
the location of buildings on Lot 9. Ms. Smith stated the amendment to lots 1-8 would be acceptable since Lot
9 has plenty of area for building and septic systems. Mr. Mueller added the intent was to protect the viability of
the development of Lot 9 in the future.
Anne Best Johnson stated if the building envelope was dropped it would alleviate the overlap of the drilling
envelope and eliminate the prior to scheduling condition.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mark Zegray, neighbor, indicated his concerns, specifically the road access being directly across from his
driveway. This means lights would shine directly into the house. There are also mailboxes on side of road. It
would be better to shift the road over so there would be no cluster affect. Mr.Zigray asked who takes care of
the non buildable lots; is there water available to irrigate the agricultural outlot;are auxiliary quarters the same
as duplexes, if so that would be 18 instead of 9;and with regards to the administrative final plan the neighbors
know nothing of this new suggestion. Another question is whether Severance will annex this and this process
is a way to avoid paving the streets and roadways?
5
Chad Auer added there will be another public hearing process;which is the Board of County Commissioners.
They will make the final decision and that hearing has a public portion.
The Chair closed public portion.
Pam Smith added the updated report provided to her by Commissioner Spitzer is not as extensive as other.
There were borings in two locations which indicated the areas were suitable but still moist. There are still
some areas that are be good for systems and others that will need engineered systems.
Roy Spitzer asked if the site was farmed at the time of the time of the study,which could account for the lack
of ground water. Mr. Mueller stated that was his impression.
Chad Auer indicated staff has proposed language for Condition 3.FF.
Brad Mueller indicated the requested changes:2.A.2-amend the language to state lots 1-8;2.3.C-amend the
language to reflect two 12 foot gravel lanes;3.F-amend the language to state lots 1-8;addition of Condition of
Approval FF that states"Auxiliary quarters will be allowed on all lots and with the exception of the minimum lot
size must meet all requirements of the Weld County Code Section 23-1-90 as amended."
Bruce Fitzgerald asked for clarification on the auxiliary quarters. Mr. Mueller stated it was similar to a mother-
in-law quarter. The definition was read from the code. The unit can not be sold separately nor used as a
rental. The family unit definition was also read.
Tom Holton asked for clarification on the internal roadway. Jesse Hein,Public Works,indicated that Mr.Frank
Hempen has granted the gravel variance for the internal roadway. They would like to keep the width of the
road way to two 12-foot lanes and 4-foot shoulders in case they want to pave in the future. Condition 2.A.3.C
would need to be amended to reflect the gravel roadway.
Tom Holton stated that Lot 9 should not have the building envelope and future development will take what is
needed into consideration when they develop. Mr. Fitzgerald stated that the lot will be sold and that
information should be included as part of the lot.
Erich Ehrlich asked if this was submitted as the best use of the design for the lots with the floodplain and with
the 116 acres attached off of Lot 9. Was this the best way or did staff suggest something else. This looks like
future development. It may become more of a densely populated area in the future and Severance may take
Lot 9. Mr. Mueller stated it was reasonable to expect the future development. This achieves some of the
cluster goals: it maintain agricultural space;large lot housing options for future and this design was what was
submitted. There were no modifications; it is slightly different than the sketch plan. This complies with the
sketch plan and is what is proposed. Mr. Ehrlich indicated the drill window could have affected the lot layout.
Mr. Mueller stated that that could have been the case.
Mark Lawley added that both positions are understandable. Mr. Lawley asked for clarification on the
administrative review process. Mr. Mueller stated that Planning Commission has the ability to grant this
request to have staff review the final plan. The Board of County Commissioners will have the final say on the
request.
Paul Branham added he agrees with Mr. Holton on Lot 9 and removing the envelope. The purchaser should
have the option of where to build.
Bruce Fitzgerald asked the applicant if the intent was to have the building envelope for that lot or prefer not to
have. Todd Hodges added that the applicant would be happy to drop the building envelope on the south side.
In doing this it will remove the first condition. Lot 9 will be part of the HOA and a part of the subdivision. The
access location was determined by referrals; the access was requested to be lined up with the existing
driveway. The area has been replanted in corn; the building envelope will be dropped and this will remove
Condition of Approval 1.A.
Tom Holton moved to amend 3.C to reflect the gravel not paving. Bruce Fitzgerald seconded. Motion carried.
6
Bruce Fitzgerald moved to amend 2.A.2 to reflect lots 1-8. Roy Spitzer seconded. Motion carried.
Bruce Fitzgerald moved to amend 3.F to reflect lots 1-8. Roy Spitzer seconded. Motion carried.
Bruce Fitzgerald moved to add Condition of Approval to state"Auxiliary quarters will be allowed on all lots and
with the exception of the minimum lot size must meet all requirements of the Weld County Code Section 23-1-
90 as amended." James Welch seconded. Motion carried.
Bruce Fitzgerald moved to delete 1.A. Tom Holton seconded. Motion carried.
Bruce Fitzgerald moved to add 2.F to state "Eliminate all building envelopes from Lot 9." Erich Ehrlich
seconded. Motion carried.
Tom Holton moved to accept the deletion of the first sentence in Condition 3.A and the phrase"however,the
building envelope for Lot 9 must be shown adjacent to the internal roadway." Bruce Fitzgerald seconded.
Motion carried.
Anne Best Johnson indicated the applicant is in agreement with staff Development Standards and Conditions
of Approval.
Bruce Fitzgerald moved that Case PZ-1114,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards 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. Mark
Lawley,yes; Roy Spitzer,yes; Erich Ehrlich,yes;James Welch,yes;Chad Auer,yes;Tom Holton,yes;Bruce
Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
Meeting adjourned at 4:00pm
Respectfully submitted
Orthl2)-- -MOCIt L
Voneen Macklin
Secretary
7
Hello