HomeMy WebLinkAbout20062250 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Holton, that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-1041
APPLICANT: William & Carol Cessna
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the N2 of Section 10, T7N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from a (Agriculture) to PUD (Planned Unit Development)
for nine (9) residential lots. (Mountain View).
LOCATION: South of and adjacent to CR 84; approximately 1/4 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 26-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as follows:
A. Section 27-6-120.8.6.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 will handle the effluent flow.
B. Section 27-6-120.6.b- The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27
of the Weld County Code.
Section 27-2-20,Access standards— All PUD developments will be served by an internally
paved road system according to County standards.An exception to paving may be granted
by the Director of Public Works for residential PUDs of nine (9) lots or less located in
nonurban areas as defined in Chapter 22 of the Weld County Code, when the PUD is not
located within close proximity to other PUDs, subdivisions and municipal boundaries, and
when access to the PUD is not from a public road which is paved or will be paved within a
year of approval of the PUD." The proposed Planned Unit Development is located adjacent
to Peace Haven Estates which is scheduled to be heard by the Board of County
Commissioners on July 27, 2005.
Section 27-2-60, Common open space - The applicant has proposed a six (6) foot wide
aggregate trail around the perimeter of the site. This trail crosses a portion of the lot that has
a deed restriction.The restriction states"The purpose of this deed restriction is to provide for
open space between the property and the adjacent parcel of land to the east which is also
owned by the grantor. The "no build" restriction is intended to include all types of
improvements and structures of any kind except boundary line fences." A Condition of
Approval has been included to ensure that the property owner to the east is in agreement that
the deed restriction was not intended to include a trail.
The applicant has met the remaining performance standards as delineated in Section 27-2-
10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-210 of the Weld County Code.
2006-2250
Resolution PZ-1041
William Cessna
Page 2
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. The Town did not respond to the change of zone referral
request. However, at the sketch plan, they did indicate the plan had no conflicts with their
interests.
D. Section 27-6-120.6.d- That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article
II the Weld County Code. The proposed PUD will be serviced by North Weld County Water
District and Individual Sewage Disposal Systems will handle the effluent flow.
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 has indicated that this development will introduce additional vehicle trips to
the roadway system. This increased level of traffic on unpaved roads creates fugitive dust
and surface maintenance problems. The Department of Public Works has required the
applicant to enter into an Agreement for Improvements to Weld County Roads, Road
Stabilization for Dust Control. The applicant shall submit a proposed off-site agreement with
the final plan to be approved by the Board of County Commissioners prior to recording the
final plat.
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. The applicant is also required to inter into an Agreement for
Improvements to Weld County Roads, Road Stabilization for Dust Control.
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 Colorado Geological Survey
indicated that site-specific geotechnical investigations should be done for all planned
structures. These are required by the Weld County Building Inspection at time of building
permit.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The submitted Specific Development Guide does accurately reflect the performance standards
and allowed uses described in the proposed zone district, as described previously.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A(Agricultural)to PUD for nine(9)lots with Estate Zone Uses is conditional
upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The proposed six (6)foot wide aggregate trail crosses a portion of the property where a deed
restriction limits the use of the property.The applicant shall submit to the Department of Planning
Services evidence from the property owner to the east that indicates that the deed restriction was
not intended to include a trail or the applicant shall reconfigure the open space to take into
consideration the deed restriction. (Department of Planning Services)
Resolution PZ-1041
William Cessna
Page 3
B. The applicant shall either submit to the Department of Planning Services a copy of an agreement
with the properties mineral owners and lessees stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or indicate the 400'x 400'and the 800'
x 800'drilling envelope locations per state statute. (Department of Planning Services)
C. The site currently lies in two fire districts. As requested at the sketch plan phase, the applicant
shall submit evidence to the Department of Planning Services that the entire PUD has been
accepted into the Windsor-Severance Fire Protection District boundaries. (Windsor-Severance
Fire Protection District)
D. Application materials indicate that Commercial and Industrial uses will not be allowed. Home
Occupations as defined by Section 23-1-90 of the Weld County Code would be allowed unless
expressly prohibited. The applicant shall submit additional information to the Department of
Planning Services regarding the allowance of Home Occupations. Home Occupations may also
be further regulated through the covenants. (Department of Planning Services)
E. Application materials indicate that limited large animal activity will be allowed. Unless otherwise
requested, per Section 23-1-90 of the Weld County Code this Planned Unit Development would
be allowed eight(8)animal units per lot. If the intent is to further limit the number of animal units,
information must be submitted indicating the numbers and type of animals that will be allowed.
Animal units may also be further regulated through the covenants. (Department of Planning
Services)
F. The applicant shall submit a plat which shows the location of the easement for the transmission
lines running along the north edge of the property or a copy of the easement agreement.
(Department of Planning Services)
2. 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-1041. (Department of Planning Services)
2) Sheet 2 of the plat shall be amended to include the appropriate signature blocks and
zoning classification of PUD. (Department of Planning Services)
3) County Road 84 is classified by the County as a local road (Weld County Roadway
Classification Plan,June 2002)adjacent to the proposed development requiring a 60-foot
right-of-way.The applicant shall verify the existing right-of-way and the documents creating
the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be
verified, it will be dedicated on the final plat. (Department of Public Works)
4) 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 paved lanes with 4-foot gravel shoulders on the
change of zone plat. (Department of Public Works)
5) The plat currently shows Open Space Access Easements between lots at three locations.
These accesses should be owned and maintained by the Homeowners Association. The
plat shall be amended to indicated these accesses as open space or be removed.
(Department of Planning Services)
B. 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)
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:
Resolution PZ-1041
William Cessna
Page 4
A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for nine
(9)residential lots as indicated in the application materials on file in the Department of Planning
Services. The lots will adhere to the uses allowed in the E (Estate)Zone District. The PUD will
be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld
County Regulations. (Department of Planning Services)
B. All landscaping within the site distance triangles must be less than 3%feet in height at maturity.
(Department of Public Works)
C. A Home Owner'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. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
E. Water service shall be obtained from North Weld County Water District. (Department of Public
Health and Environment)
F. 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)
G. 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)
H. 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)
I. 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)
J. 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)
K. A separate building permit shall be obtained prior to the construction of any building or structure
including entry gates and signs. (Department of Building Inspection)
L. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Residential building plans may be required to bear the wet stamp of a
Colorado registered engineer or architect. (Department of Building Inspection)
M. 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)
Resolution PZ-1041
William Cessna
Page 5
N. 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 and Colorado Geological Survey)
O. Fire resistance of walls and openings,construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by Chapter 23 of the Weld County Code. (Department of Building Inspection)
P. 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 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)
Q. All signs including entrance signs shall require building permits.Signs shall adhere to Section 23-
4-80 and Section 23-4-110 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services)
R. Effective January 1,2003,Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
S. The property owner shall allow any mineral owner or lessee the right of ingress or egress for the
purposes of exploration development, completion, re-completion, re-entry, production and
maintenance operations associated with existing or future operations located on these lands.
(Department of Planning Services)
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
U. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
V. Weld County personnel shall be granted access onto the property at any reasonable time in order
to ensure the activities carried out on the property comply with the Development Standards stated
herein and all applicable Weld County Regulations. (Department of Planning Services)
W. The site shall 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)
X. No development activity shall commence on the property,nor shall any building permits be issued
on the property until the final plan has been approved and recorded. (Department of Planning
Services)
Y. The applicant shall comply with Section 27-8-50 Weld County Code,as follows: Failure to submit
a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within
three (3) years of the date of the approval of the PUD Zone District, the Board of County
Commissioners shall require the landowner to appear before it and present evidence
substantiating that the PUD project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submission of the PUD Final Plan. The Board may
extend the date for the submission of the PUD Final Plan application and shall annually require
the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that
Resolution PZ-1041
William Cessna
Page 6
conditions or statements made supporting the original approval of the PUD Zone District have
changed or that the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded
PUD Zone District reverted to the original Zone District. (Department of Planning Services)
Z. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within thirty(30)days of approval by the Board of County Commissioners.With the Change of Zone plat
map, the applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are.dwg, .dxf,and .dgn (Microstation); acceptable GIS formats
are .shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required thirty(30)days from the date of the Board of County Commissioners
resolution a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
6. At the time of Final Plan submission:
A. The applicant shall submit an Improvements Agreements According to Policy Regarding
Collateral For (on-site) Improvements with the final plan application. This agreement must be
reviewed by County Staff and shall be approved by the Board of County Commissioners prior to
recording the final plat. (Departments of Public Works and Planning Services)
B. All copies of the final plan application shall include a copy of the proposed addressing as
indicated in the referral dated July 18, 2005 from Weld County Building Inspection. The
applications shall also include an interior road name that follows the recommendations made in
the same referral. (Department of Planning Services)
C. The applicant has proposed a postal delivery unit at the entrance of the subdivision.The applicant
shall include evidence in the final plan application that the appropriate postal district has accepted
the proposal. (Department of Planning Services)
D. 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)
E. In the final plan application the applicant shall either include a copy of an agreement with the
Water Supply and Storage Company stipulating that ditch activities have adequately been
incorporated into the design of the site or the applicant shall indicate how the concerns of the
Company have been mitigated. (Department of Planning Services)
F. In a referral dated June 21,2005,the Windsor-Severance Fire Protection District listed conditions
that must be met. The applicant shall submit evidence from the Windsor-Severance Fire
Protection District indicating that these conditions have been addressed to their satisfaction.
(Windsor-Severance Fire Protection District)
G. This development will introduce additional vehicle trips to the roadway system. This increased
level of traffic on unpaved roads creates fugitive dust and surface maintenance problems. The
applicant shall enter into an agreement for improvements to Weld County roads,road stabilization
for dust control. The applicant shall submit a proposed off-site agreement with the final plan to
be approved by the Board of County Commissioners prior to recording the final plat. (Department
of Public Works)
Resolution PZ-1041
William Cessna
Page 7
H. County Road 84 is classified by the County as a local road(Weld County Roadway Classification
Plan, June 2002) adjacent to the proposed development requiring a 60-foot right-of-way. If the
applicant was unable to verify the existing right-of-way on the change of zone plat, the road will
be dedicated on the final plat. (Department of Public Works)
I. A pavement design prepared by a professional engineer must be submitted with the final plan
materials. (Department of Public Works)
J. Intersection sight distance triangles at the development entrance(s) will be required. All
landscaping within the triangles must be less than 3 1/2 feet in height at maturity,and noted on the
final roadway plans. (Department of Public Works)
K. In the final plan application materials,the applicant shall include stamped,signed and dated final
plat drawings and roadway/construction&grading plan drawings for review and approval by the
Department of Public Works. (Department of Public Works)
L. 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)
M. Afinal drainage report stamped,signed and dated by a professional engineer licensed in the Sate
of Colorado shall be submitted with the final plan application. The 5-year storm and 100-year
storm drainage studies shall take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of the 100-year storm
developed condition while releasing the 5-year storm existing condition.The 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)
N. 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 lines 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)
O. 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)
P. Easements shall be shown on the final plat in accordance with County standards(Section 24-7-
60 of the Weld County Code) and /or Utility Board recommendations. (Department of Public
Works)
Q. The applicant shall submit a construction detail for the proposed six(6)foot pedestrian trail,picnic
area and trailhead for review and approval.The detail shall also show the location of the detention
pond. (Department of Planning Services)
R. The applicant has proposed one(1)tree per lot to be planted along Mountain View Court.These
trees should be placed on the individual lots outside of the road right-of-way. Location and care
requirements shall be addressed in the covenants. (Department of Planning Services)
S. The applicant shall submit covenants for review and approval. The covenants shall address
restriction of livestock to prevent the loss of vegetative cover.The Covenants shall also address
measures to prevent overgrazing of pasture as no irrigation water is being proposed for the
subdivision.Finalized covenants and the appropriate fee shall be submitted for recording with the
final mylar plats. (Department of Planning Services)
Resolution PZ-1041
William Cessna
Page 8
6. 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 Agreements According to Policy Regarding
Collateral for Improvements. These agreements 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)
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)
Motion seconded by James Welch
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
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 August 2, 2005.
Dated the 2nd of August, 2005.
\ ON-UN-Mae Y1
Voneen Macklin
Secretary
- A,4O)3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
z
Tuesday, August‘, 2005
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County
Department of Planning Services, Hearing Room,918101h Street,Greeley,Colorado. The meeting was called
to order by Bruce Fitzgerald, at 1:30 p.m.
ROLL CALL
Michael Miller Absent
Erich Ehrlich _
Roy Spitzer Absent
James Welch
Bruce Fitzgerald
•
Chad Auer Absent
Doug Ochsner
Tom Holton
Also Present: Kim Ogle, Sheri Lockman, Pam Smith, Peter Schei,
The summary of the last regular meeting of the Weld County Planning Commission held on, July 19, 2005,
was approved as read.
The first item of business is the election of officers.
Tom Holton nominated Bruce Fitzgerald as Chair for the Planning Commission. Mr. Fitzgerald was elected by
acclimation.
Tom Holton nominated Chad Auer Vice Chair. Mr. Fitzgerald indicated he had spoken with Mr.Auer and he
would accept the position. Mr. Auer was elected by acclimation.
The following cases will be heard:
APPLIC11�1BER: USR-1517
APPLICANT—:t Petro-Canada Resources Inc.
PLANNER: im Ogle
LEGAL DESCRIPTION: Part 4 of Section 18, T4N, R64W of the 6th P.M., Weld
Co olora .
REQUEST: ite Specific Developmen w and Special Review Permit for a
Mineral Resource Development Fa it ycluding Oil and Gas Support
Services (Land Treatment Facility).
LOC South of and adjacent to CR 46; 800 feet east of CR 49.
Kim Ogle, Department of Planning Services, read a letter requesting to September 6,2005. The applicant has
not complied with the State mineral notification. Patrick Glenn, representative, indicated they will have the
adequate notification done by September 6, 2005.
Doug Ochsner moved to continue. James Welch seconded. Motion carried.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Erich
Ehrlich, yes; James Welch, yes;Tom Holton, yes, Doug Ochsner,yes; Bruce Fitzgerald,yes. Motion carried
unanimously.
CASE NUMBER: PZ-1041
APPLICANT: William & Carol Cessna
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the N2 of Section 10, T7N, R67W of the 6th P.M., Weld County,
Colorado. (1
REQUEST: Change of Zone from a (Agriculture)to PUD (Planned Unit Development
for nine (9) residential lots. (Mountain View).
LOCATION: South of and adjacent to CR 84; approximately 1/4 mile east of CR 19.
Sheri Lockman, Department of Planning Services presented Case PZ-1041,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. Ms. Lockman stated 13 referral agencies
reviewed PZ-1041 and 10 responded favorably or included conditions that have been addressed through
development standards and conditions of approval.
No correspondence has been received from Surrounding Property Owners.
The applicant has requested a waiver from pavement from the Department of Public Works. However,
they do not have the authority to waive pavement in this instance because of the location of the adjacent
subdivisions. The Department of Planning Services does feel that pavement is appropriate in this situation
because of the number of subdivisions being proposed in this general area. A map showing the existing
and proposed subdivisions in the area is in the presentation. There are 7 subdivisions being reviewed in
the general area at this time. Three County Subdivisions have been approved in the past 5 years and
Severance has annexed a half mile section for Saddler Arena which is an urban scale development to be
services by Public Sewer and Public Water.
There has been confusion as to which fire protection district the site lies within.The referral from the Poudre
Fire Authority states the site is outside of their service area.The Windsor-Severance Fire Protection District is
requesting that the entire site be petitioned into their service area. Planning Staff does feel it is very important
to have this site in a services area prior to the Board of County Commissioners hearing to ensure the
appropriate fire district is reviewing this case
Bruce Fitzgerald asked if the map included the town boundaries for Severance. Ms. Lockman indicated the
location of Severance on the map and provided clarification on the applications currently in the process.
Doug Ochsner asked about the ditch on site and whether it will service this property or others. Ms. Lockman
stated the irrigation ditch was for other properties, this site has no water associated with it.
Jeff Couch,application representative,provided additional clarification on the site. There is open space in the
property both around the boundaries and in the center. The lots have been adjusted to accommodate the
power lines that are located on site. Mr.Couch stated the applicant has been working with the Lake Canal for
an agreement but the ditch company would like to see the plan after the entire design is complete. The
applicant would like to have the final done administratively. The surrounding roads are gravel. There has
been some discussion with the Fire Districts and determining who would be responsible. The
Windsor/Severance Fire District will be the responding agency. There is one road into the development;there
are detention facilities to the south.
Bruce Fitzgerald asked about the taxes for the districts. Mr. Couch indicated that presently the taxes are
being paid to Poudre Fire Authority but the petitions have been filed to change this to Windsor Severance. Mr.
Fitzgerald asked about the projects on either side of this proposal. Mr. Couch stated they were owned by
separate individuals.
Erich Ehrlich asked about the entrance location in association with the hill on CR 84. Mr. Couch stated the
entrance location is on the high spot in the hill. The site distance is no concerns. The approach has been
widened to accommodate both the post office needs as well as the school district.
Tom Holton asked about the waiver for asphalt. Mr.Couch indicated they have asked for a waiver due to the
surrounding area being nothing but gravel. There will be both on site agreement and off site agreements for
the maintenance of the roadways. Peter Schei, Department of Public Works,stated that paving will be driven
by development in the area and the ability of Public Works to do the project. Paving is not on the schedule in
the next five years.
Erich Ehrlich asked if there was a Wing Sport business in the area. Rob Parsons, applicant representative,
indicated there is a rental property during the duck season.
Tom Holton asked about the oil and gas in that ownership being sold. Mr.Couch indicated the ownership was
in an LLP but was transferred to individual owners. Mr. Couch added that the Town of Severance does not
want to annex in the area.
Doug Ochsner asked if there was a ditch company agreement or is it addressed in the Development Standard.
Ms. Lockman stated it was addressed in 6.B. The ditch company would like to see the technical data which
will be done at final plat.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bruce Fitzgerald asked about the road agreement, if the waiver for no pavement was granted. Mr. Schei
stated a PUD is required to be paved. If the waiver is accepted the HOA will be responsible for the
maintenance of the internal roadway which will be addressed in the covenants. If the internal roadway is
paved the County will ask for it to be up to their standards at which time they will take over maintenance. Mr.
Fitzgerald asked about dedication of the roadway. Mr.Schei indicated this will be a public road regardless of it
being paved or gravel. Both adjacent proposals are gravel but are also Minor Subdivision and need off site
improvement agreements. Those proposals were submitted prior to this development. This PUD is urban
which delineates the need for paving. Mr. Holton asked if the submittals were taken into account when the five
year plan for paving was done. Mr. Schei stated it was not due to the proposals being recent and the plan
having already been in place. The work is being development driven in the County. There needs to be a
sensitive approach to the drivers in the County due to the increased number.
Doug Ochsner added that this is still a rural area,with gravel roads and there should be no concern in granting
the waiver. Mr. Holton added there is development in the County and the County will eventually do something
when appropriate. Mr. Ehrlich stated that the traffic projection and safety will need to be taken into
consideration due to the topography of the area.
Peter Schei stated the hill is adjacent to Sadler Arena and it is the hope that the Town of Severance will
require them to do improvements on CR 19. Severance did not take the entire roadway in the annexation but
the County is working with them for an agreement on the remainder of the road.
Sheri Lockman stated the Weld County Code states that all internal roadways shall be paved in an urban
scale development and there needs to be compelling reasons that the waiver should be granted.
James Welch stated the road should be paved according to the rules. Mr. Ochsner added that Planning
Commission is allowed to grant waiver if there are reasons for one. It does not make sense to have pave road
in middle of a rural area even though there are other subdivisions.
Jeff Couch stated that with the addition of the two subdivisions and this one the traffic count may be just at 200
trips per day which is the breakpoint for paving. There are going to be only two off site agreements done in
the area.
Tom Holton asked Ms. Lockman when the other proposals will come before the Planning Commission. Ms.
Lockman provided clarification as to which ones will be brought before Planning Commission and which ones
require.or are propsing paving.
Doug Ochsner asked if the waiver was granted what would need to be done. Ms.Lockman stated there would
need to be some changes made to the Development Standard and Conditions in the comments.
Erich Ehrlich asked if the waiver was granted what the future ramifications would be or would this be the end
of possible future discussions.
Peter Schei added additional conditions that would need to be modified if the waiver was granted.
Doug Ochsner moved to grant the waiver. There was no second so the motion failed.
Tom Holton moved that Case PZ-1041, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. James Welch seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Erich
Ehrlich,yes;James Welch,yes;Tom Holton,yes, Doug Ochsner,yes; Bruce Fitzgerald,yes. Motion carried
unanimously.
CASE NUMBER: PZ-1066
APPLICANT: Mikal Torgerson
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-2681; Pt of the SE4 of Section 32, T8N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agriculture)to PUD for 9 lots with E (Estate)
Zone Uses along with 28.4 acres of open space.
LOCATION: North of and adjacent to CR 86; 1/4 mile west of CR 29.
Kim Ogle, Department of Planning Services presented Case PZ-1066, 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.
This Case is Change of Zone from A(Agricultural)to PUD with Estate uses for 9 lots with E (Estate)Zone
Uses along with 28.4 acres of open space. (Torgerson PUD), utilizing water from North Weld County
Water District and individual septic systems. The site is located north of and adjacent to CR 86; 1/4 mile
west of CR 29 and is predominately agricultural. The proposed subdivision takes into consideration the
surrounding properties, as well as the site advantages. The site is designed with a perimeter buffer
around all lots separating the residential lots from the adjacent properties. The Griffith Minor Subdivision is
approximately 2200 feet to the west of this proposed development.
15 agency referrals reviewed this case with 9 referral agencies responding which have included conditions
of approval and/or recommendations that have been addressed in the development standards and
conditions of approval.
The proposed site is within the three mile referral area for the Towns of Severance, Ault and Pierce. The
Towns of Severance and Ault did not respond to the change of zone referral request. However, at the
sketch plan, the Town of Severance did indicate the plan had no conflicts with their interests; the Town of
Ault returned a referral for sketch plan objecting to the County considering this application as an
unincorporated subdivision. The Town of Ault requests the applicant petition to the Town for annexation.
The proposed subdivision is outside of the Intergovernmental Agreement Area therefore the applicant is
not required to prepare annexation documents to the town of Ault. The Town of Pierce returned a referral
date June 10, 2005 stating the plan had no conflicts with their interests.
The Department of Planning Services is recommending approval of this application with the attached
Conditions of Approval and Development Standards.
Mikal Torgerson, representative for the applicant, indicated he was available for questions as Mr. Ogle
provided a complete summary of the proposal.
James Welch asked Mr.Ogle why this was a PUD and not a Minor Subdivision. Mr. Ogle stated the applicant
made a mistake in the naming/titling of the plat and asked for a PUD not Minor Subdivision.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bruce Fitzgerald asked Mr.Torgerson if he was in agreement with the Development Standards and Conditions
of Approval. Mr.Torgerson indicated he has concerns with the last two conditions under Prior to Scheduling.
1.C asked for evidence of the well and that information has been provided to the best of the applicants'ability.
1. D would like an agreement with the Pierce Lateral but the applicant does not have ownership of the
adjacent 30 feet that is being requested by the ditch company. Mr. Ogle responded that the map that the
Department of Planning Services has does not indicate the boundaries in relation to the 30 foot being
requested. Mr. Torgerson indicated he could work with staff to alleviate that concern and clarify the maps
provided. Mr. Ogle added that the summary from the sketch plan indicates no uses proposed with the well
permit. There is one monitoring well for which limits the use for fire protection, household purposes for not
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