HomeMy WebLinkAbout20062413.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller, 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: MF-1081
APPLICANT: Walter Huang
PLANNER: Brad Mueller
LEGAL DESCRIPTION: N2NW4 of Section 16, T8N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Final Plat for nine (9) residential lots in the (E) Estate Zone District.
LOCATION: East of and adjacent to CR 29, south of and adjacent to vacated CR 94.
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 24-3-50 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the application has shown compliance with Section 24-
3-60.1 of the Weld County Code as follows:
A. Section 24-3-60.1.1 -- Compliance with this chapter[Chapter 24], Chapter 23 of this Code, the
zone district in which the proposed use is located, and any adopted intergovernmental
agreements or master plans of affected municipalities. The application meets the general Code
requirements for a rural subdivision. The proposed site is not influenced by an Inter-
Governmental Agreement or any urban growth boundary.The Town of Pierce lies within the three
mile referral area and did not respond to the referral request.
The Weld County Utility Board reviewed the plat and utility plans for this site on April 27, 2006.
Three changes were proposed, all of which have been accommodated on the draft plat and
plans. These include the addition of drainage and utility easements along the perimeter of the
open space, recording information for the existing easements, and the correction of a water tap
size on the utility plans.
B. Section 24-3-60.1.2-- That provisions have been made to preserve prime agricultural land. The
site, per USDA mapping, is only considered"high potential dry cropland—prime if irrigated." The
subject property is categorized as "Prime" by the West Greeley Soil Conservation District in its
referral dated April 6, 2006. The productivity of the site was reviewed through previous
applications, and it has been determined that the subdivision is appropriate for this location
because of its USDA category and lack of irrigation water.
C. Section 24-3-60.1.3— That provisions have been made for a public water supply that is sufficient
in terms of quantity, dependability and quality to provide water for the minor subdivision,including
fire protection. The lots will be served by North Weld County Water District. The Nunn Fire
Protection District did not respond to the request for referral comments as part of this final plat
application. A Condition of Approval proposed by the Department of Building Inspections
(4/24/2006 referral) would require a letter of approval from the Fire District for each residential
structure.
D. Section 24-3-60.1.4-- That, if a public sewage disposal system is proposed, provision has been
made for the system and, if other methods of sewage disposal are proposed, evidence that such
systems will comply with state and local laws and regulations which are in effect at the time of
submission of the minor subdivision. Individual sewage disposal systems (I.S.D.S.)will handle
the effluent flow, and the Department of Public Health and Environment has determined that -
these will comply with all applicable law if the conditions proposed in their referral of May 12,
2006, are met.
EXHIBIT
mF*IOB I 2006-2413
Resolution MF-1081
Walter Huang
Page 2
E. Section 24-3-60.1.5 -- That all areas of the minor subdivision which may involve soil or
topographical conditions presenting hazards or requiring special precautions have been identified
by the subdivider and that the proposed uses of these areas are compatible with such conditions.
The Weld County Department of Building Inspection is requiring each building to have an
engineered foundation based on a site-specific geotechnical report or an open hole inspection
performed by a Colorado registered engineer. Weld County Public Works notes that the
Geotechnical Engineering Pavement Report,and the Final Drainage, Erosion Control and Water
Quality Report, are both accepted and approved.
F. Section 24-3-60.1.6 -- That streets within the minor subdivision are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the minor
subdivision. Standards are established in Appendices 24-D and 24-E to this Chapter. The
applicant is proposing a 60-foot interior road right-of-way and a paved road.The proposal meets
County requirements and was approved at the Change of Zone.
G. Section 24-3-60.1.7-- That off-site street or highway facilities providing access to the proposed
minor subdivision are adequate in functional classification, width and structural capacity to meet
the traffic requirements of the minor subdivision. No off-site improvements have been required by
the Department of Public Works.
H. Section 24-3-60.1.8 — That the construction, maintenance, snow removal and other matters
pertaining to or affecting the road and rights-of-way for the minor subdivision are the sole
responsibility of the landowners within the minor subdivision. Weld County will not maintain
paved Weld County Road 92.75(to be re-named per Public Works requirement). Conditions of
approval include amending the covenants to include a plan to maintain roadways within the
subdivision.
I. Section 24-3-60.1.9— That the minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite. As required of this criterion, the subject
property does not have these characteristics.
J. Section 24-3-60.1.10-- There will be no on-street parking permitted within the minor subdivision.
This restriction is proposed as a conditional note on the plat.
K. Section 24-3-60.1.11--No additional access to a county,state or federal highway will be created.
No additional access is created.
L. Section 24-3-60.1.12—The ingress and egress to all lots within the minor subdivision will be to an
internal road circulation system. The design assures this, and this restriction is proposed as a
conditional note on the plat.
M. Section 24-3-60.1.13 — That facility providing drainage and stormwater management are
adequate. The Weld County Department of Public Works has indicated in a referral response
dated March 22, 2006 that they have accepted the submitted Drainage Report.
N. Section 24-3-60.1.14 — That the maximum number of lots within the minor subdivision will not
exceed nine (9) lots. The proposal is for nine (9) residential lots, with Estate Zone District
standards.
O. Section 24-3-60.1.15— That the minor subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and police protection or other services. The
Sheriff's Office in their referral dated May 17, 2006, notes that there will be limited traffic
enforcement powers on roads not maintained or owned by the County. The Sheriff's Office
encourages Law Enforcement Authorities to provide additional funding for law enforcement
requirements in the future. The Nunn Fire Protection District did not respond to the referral
request. The Highland Schools Weld RE-9 District indicates that its concerns will be mitigated
through the payment of an in-lieu fee consistent with their policies. No other agencies indicated
any undo burdens on governmental services.
Resolution MF-1081
Walter Huang
Page 3
P. Section 24-3-60.1.16— That the subdivision will not have an undue adverse effect on wildlife and
its habitat, the preservation of agricultural land and historical sites. The Division of Wildlife, in
their referral received April 25, 2006, made recommendations regarding vegetative cover,
abatement of noxious weeds, livestock restrictions, nuisance encounters with wildlife, utility
placement, and pet control. These items are addressed as proposed Conditions of Approval.
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 agencies.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to Recording the Minor Subdivision Final Plat:
A. All sheets of the plat shall be labeled "Gold Stone Creek Minor Subdivision - MF-1081"
(Department of Planning Services)
B. The private Covenants, Conditions, and Restrictions ("CC&R's) shall be revised as follows:
1) Reference shall be added to the property being subdivided through the minor subdivision and
leaving blanks for the reception number and date of recordation. (County Attorney's Office)
2) Reference shall be added as to whether the Colorado Common Interest Ownership Act
applies, if at all. (County Attorney's Office)
3) The acknowledgement for Huang's signature should be revised to read: " . . . by Walter W.
Huang, Manager, Gold Stone Center, LLC, a Colorado limited liability company, Declarant."
(County Attorney's Office)
4) A plan for establishing vegetative cover for the site, including abatement of noxious weeds
and roles and responsibility, should be prepared and included as part of the subdivision
covenants. (Division of Wildlife)
5) Through the subdivision covenants, prospective residents should be informed that they will
be responsible for abatement or routine nuisance wildlife issues, including but not limited to:
prairie dogs, raccoon, skunks, coyote, red fox, swift fox, and miscellaneous rodents and
raptors within legal guidelines established by the State of Colorado and the United States
Fish and Wildlife Service. (Division of Wildlife)
6) The applicant shall preserve and protect the secondary septic envelopes for the septic
systems
C. The revised Covenants shall be submitted to the Weld County Department of Planning Services
for recording, along with the appropriate recording fee(currently$6 for the first page and $5 for
each additional page). (Department of Planning Services)
D. The applicant shall submit to the Department of Planning Services a copy of a deed which gives
ownership of Outlot A to the North Weld County Water District, along with the appropriate
recording fee (currently $6 for the first page and $5 for each additional page). (Department of
Planning Services)
E. The applicant shall submit to the Department of Planning Services a copy of a deed which gives
ownership of Outlot B to the Gold Stone Creek Home Owners' Association, along with the
appropriate recording fee (currently $6 for the first page and $5 for each additional page).
(Department of Planning Services)
F. The applicant shall submit to the Department of Planning Services Certificates from the Secretary
of State showing the Gold Stone Creek Home Owners' Association has been formed and
registered with the State. (Department of Planning Services)
Resolution MF-1081
Walter Huang
Page 4
G. The applicant shall submit evidence that the appropriate postal district has approved the location
of individual mailboxes and the proposed street name and addresses. If group mailboxes are
required,a parcel shall be dedicated for common ownership and the Covenants revised to reflect
this requirement. (Department of Planning Services)
H. The septic envelope locations shown on the Preliminary Plat Design Adjustment(dated October
17, 2005) were reviewed by the Department of Public Health and Environment and shall be
considered the final septic locations. These septic envelopes shall not be revised without
coordination with the Department. (Department of Health and Environment)
I. The applicant shall submit evidence to Planning Services that they have met the following
conditions required by the Department of Public Works Department:
1) Public Works does not accept the interior roadway name of"Weld County Road 92.75."
The interior subdivision roadway shall not be labeled as a"County Road". The applicant
shall re-label the interior roadway for the subdivision on all final plat and engineering plan
drawings,after receiving approval of the new name from Planning Services(Addressing),
Public Works, and emergency providers.
2) Sheet 5, Final Grading Plan, shall describe the abbreviation "TOW". If"TOW" relates to
"FG", a consistent abbreviation should be used to avoid confusion during construction.
3) Revised sealed final roadway/construction/grading/erosion control plan drawings shall
be resubmitted with the final plan materials. The applicant must submit a total of three(3)
sets of final roadway, drainage, utility/construction plan drawings (stamped, signed, and
dated) to Public Works. Every sheet of the engineering drawings shall be sealed by the
engineer of record. Weld County Field Inspectors will use the extra sets of plan drawings
during construction.
4) The applicant shall submit Improvements Agreements According to Policy Regarding
Collateral for Improvements (on-site/public) with the final plan application. These
agreements must be reviewed by Public Works and shall be approved by the Board of
County Commissioners (BOCC) prior to recording any final plan.
J. Prior to recording the final plat,the applicant shall provide written evidence to the Department of
Planning Services from Weld County School District RE-9 (Highland Schools)which indicates
that all district requirements will be met as outlined in their referral comments received April 10,
2006. (Department of Planning Services)
K. The applicant shall provide written evidence to the Department of Planning Services that the
recommendations/requirements of the Colorado Division of Wildlife as stated in their April 25,
2006 referral have attempted to be addressed. (Division of Wildlife)
L. The plat shall be amended to delineate the following:
1) The format of the final plat document shall adhere the standards required of Section 24-3-
50.0 of the Weld County Code.
2) In accordance with Section 23-4-80.A 3. of the Weld County Code the plat shall be
amended to show the development identification sign, which shall be a maximum of 32
square feet. Should the applicant wish for the sign to be more restrictive, the covenants
must be amended to include a more restrictive size than what Weld County will allow in the
Estate Zone District. (Department of Planning Services)
3) If required, the location of a common ownership parcel for the development identification
sign, a school bus turnout, and/or a central mailbox shall be provided, dedicated and
maintained by the Home Owners'Association. (Department of Planning Services)
Resolution MF-1081
Walter Huang
Page 5
4) Septic envelop locations shall be shown as approved the Department of Public Health and
Environment. (Department of Public Health and Environment)
M. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes
prior to recording:
1) The final Plat allows for Estate uses and shall comply with the Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision
shall consist of Nine (9) residential lots, a 0.92-acre outlot (Outlot A) and a 32.49-acre
outlot (Outlot B). (Department of Planning Services)
2) Outlot A shall be used for construction of a pump station and for open space purposes.
(Department of Planning Services)
3) Outlot B shall be used for farming, open space, stormwater management, flood hazard
control, oil and gas facilities,and recreation. Structures not supporting these uses are not
allowed. Structures proposed within the floodplain/floodway are required to submit for a
Flood Hazard Development Permit, as required by Section 23-2-450 of the Weld County
Code. (Department of Planning Services)
4) A Weld County septic permit is required for each proposed septic system,which shall be
installed according to the Weld County Individual Sewage Disposal System regulations.
Each septic system shall be designed for site specific conditions. (Department of Planning
Services)
5) All landscaping within the sight distance triangles at road intersections must be less than
3'/z feet in height at maturity. (Department of Planning Services)
6) There will be no on-street parking permitted within the subdivision. (Department of Planning
Services)
7) All driveways shall be built to have access from [new road name] only. (Department of
Planning Services)
8) "Weld County's Right to Farm," as stated on this plat, shall be recognized at all times.
(Departments of Planning Services and Public Health and Environment)
9) All signs on site shall maintain compliance with Section 23-4-80 of the Weld County Code.
(Department of Planning Services)
10) 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)
11) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
12) 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 along with the enforcement of covenants. (Department of Planning Services)
13) Because the roadway within the subdivision is not maintained by Weld County,the Sheriffs
Office will have limited traffic enforcement powers. A plan should be developed to maintain
the roadway, especially during inclement weather conditions for emergency vehicles.
(Weld County Sheriffs Office)
Resolution MF-1081
Walter Huang
Page 6
14) If any gas or oil production facilities within the subdivision are proposed, they should be
fenced off in order to mitigate the potential for tampering. These facilities are known to
create an attractive nuisance for young people. Tampering not only creates a significant
danger to safety but also of environmental damage with extensive mitigation and clean-up
costs. (Weld County Sheriff's Office)
15) The applicant or their agents may be required to obtain permits from the Weld County
Public Works Utility Agent, for each utility. (Department of Public Works)
16) Building permits shall be obtained prior to the construction of any building.Building permits
are required for the principle dwelling and for buildings accessory to the principle dwelling.
(Building Inspection)
17) A plan review is required for each building. Two complete sets of plans are required when
applying for each permit. Each building may be required to be designed by a Colorado
registered engineer. (Building Inspection)
18) Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Building Inspection)
19) Each building will require an engineered foundation based on a site-specific geotechnical
report or an open-hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Building
Inspection)
20) 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. (Building Inspection)
21) 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. Offset and setback requirements are measured to the farthest
projection from the building. (Building Inspection)
22) The applicant shall provide a letter of approval from Nunn Fire Protection District for each
residential structure. (Building Inspection)
23) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code.
(Division of Wildlife)
24) 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)
25) 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)
26) The site shall maintain compliance at all times with the requirements of the Weld County
Government. (Department of Planning Services)
Resolution MF-1081
Walter Huang
Page 7
27) [In addition, the following notes from the Change of Zone plat shall be transferred and
added to the final plat: B, C, D, E, F, G, and H.] (Department of Planning Services)
N. 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)
2. Upon completion of 1 above, the applicant shall submit two (2)paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of the paper copies the
applicant shall submit a Mylar plat along with all other documentation required as conditions of approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 24-
3-50 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
thirty(30)days from the date the Administrative Review was signed.The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3. 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)
4. 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)
Motion seconded by Tom Holton
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
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 June 6, 2006.
Dated the 6`"of June, 2006.
Voneen Macklin
Secretary
The numbers could be different. Mr. Barker stated the CPI index is updated in March and whatever it is it
will be that number. It may not be necessary to add that April 1 date. The mechanics is in there to utilize
the rate provided in the CPI. Mr. Barker added either way would work.
Paul Branham added that if there was ever a time in which there was an increase the rate would stay the
same.
Motion carried for the previously stated motion.
Michael Miller moved to approve the amendment to Chapter 20 as amended. Chad Auer seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Erich Ehrlich, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes, Doug Ochsner, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
CASE NUMBER: MF-1081
APPLICANT: Walter Huang
PLANNER: Brad Mueller
LEGAL DESCRIPTION: N2NW4 of Section 16, T8N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Final Plat for nine (9) residential lots in the (E) Estate Zone District.
LOCATION: East of and adjacent to CR 29, south of and adjacent to vacated CR 94.
Brad Mueller, Department of Planning Services presented Case MF-1081, 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. There will be two items for
discussion; one will be the naming of the internal roadway,y as well as the maintenance of the road and
ownership of it.
Tom Hann, representative for the applicant, provided additional clarification on the proposal. In the
previous hearing there were two adjacent property owners who expressed concern with the flood plain
issues. The plat has been redone, putting the floodplain into an open space outlot, and the issues have
been addressed. There is also an additional 100 foot setback from the north property line to further
address the concerns from those neighbors. In the north portion of this subdivision there is a neighbor
whose driveway runs on this property. The applicant has provided an easement for that driveway to come
off of CR 29 and into their property. They have the right to continue to use that easement so there will be
no need for new driveway. The Shellers have expressed an interest in a lease for dry land farming on the
open outlot to the east. The internal roadway will be paved and the maintenance is being supported by
the county. It was the applicants understanding that they were moving forward with this. The applicant
has not provided anything in draft covenants for the homeowner's maintenance of the road. The Fire
Protection District requested the internal road be on the grid system of the county. The post office will use
individual mail boxes and the school district will use the cul-de-sac for the turn around. Prior to Board of
County Commissioners Mr. Hann agrees to get the written responses from those agencies addressing
those issues if needed. The other conditions are standard and agreeable.
Michael Miller asked if CR 29 is gravel. Mr. Hann stated it was approximately 1 '/.mile from CR 90 to the
south.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Peter Schei, Public Works, stated that typically when the internal roadway is paved the county is willing of own
and maintain it. This is a different case due to the fact the applicant is willing to pave and not wanting a waiver
from paving. The language in the code is typical of the minor subdivisions and that is a requirement of paving.
It is reasonable that the county take maintenance of the interior roadway, as long as it is built to county
standards. County roads names are never incorporated into a subdivision;a specific named road is needed.
Mr. Fitzgerald asked if this was written into the standards. Mr. Schei stated there is a Conditions of Approval
to rename the roadway and the applicant can address this with the fire department. If Public Works needs to
be involved they can do this also.
f
Bruce Fitzgerald added that there were not many subdivisions in area that would affect that particular Fir.
Protection District. Mr. Mueller stated that the naming of the road should be one of precedence an.
rtai
convenience. There are no code requirements with regards to the naming of the roads.
Michael Miller asked Mr. Schei about traveling from a gravel road onto a paved road and vice versa. Mr.
Schei added the County will only maintain a paved roadway for a subdivision not a gravel surface. Mr. Miller
added that Planning Commission has typically looked favorably on not paving the internal roadway if they
request it. This situation is the opposite. Mr. Schei added that it is a good question as to whether the county
is going to get into the business of maintaining small sections of internal roadways that are not adjacent to
larger paved roads. This area is an area of growth. Mr. Miller indicated his concern was that the vehicles will
be going from a gravel system to a paved system and the entrance will be destroyed along with the fact this
does not seem to be a beneficial situation for the county. It does not seem beneficial to go down a gravel
road a distance in order to get to a paved internal road to maintain it. Will this pose any problems for Public
Works? Mr. Schei stated there are no standard to base a denial request upon. If the applicant paves the
internal road and builds it to standards,the county will accept. There have been times in the past in which the
subdivision will come back and petition the county to maintain the roads once they are up to standards. Mr.
Miller asked if this presents any challenges for the grader operator in the area. Mr. Schei indicated he was
unaware of any.
Pam Smith, Department of Public Health and Environment,would like to add language back into covenants to
protect secondary leach fields. This can be added as condition 1.B.6 and that language is added to preserve
and protect the septic envelopes from future developments.
Michael Miller moved to accept the proposed language for 1 B 6 to read "The applicant shall revise the
covenants to preserve and protect the secondary septic envelopes for the septic systems" Roy Spitzer
seconded. Motion carried
Discussion followed on the internal roadway and the naming of it. Public Works would prefer the internal
roadway to have a name and not be a part of the county grid system.
Michael Miller asked Mr. Hann if the intent of paving the roadway was to get the county to take it over. Mr.
Hann stated it is a responsible marketing tool to future owners to have a paved roadway. In the process of
doing this it was appropriate to ask that it be maintained by the county. Future owners are looking for space
but appreciate the paved street more. With the county maintaining the roadway there will be no need for the
HOA to maintain which in turn doubles the benefits to having it paved. Mr. Miller does not agree with the
county taking on the maintenance for something that is two miles away from a paved roadway. The paving of
the internal road is out of character in the area and seems out of place and unnecessary. This seems to be a
burden on the county to maintain.
Tom Hann added he has no problem going back to the fire protection district and telling them the internal road
will be named and not a part of the county system. The applicant has no concern in calling the internal road
Gold Stone Creek, Drive or Road depending on what is appropriate. However they will do whatever is worked
out between the County and the Fire Protection District.
Paul Branham added the precedence has been set to be consistent with past practices. It does not seem
appropriate to give numbers to such small internal roads. Mr. Miller added that the addition of the subdivision
and the naming of the road could be addressed at one fire department meeting. There should be no
significant issues.
Doug Ochsner agreed that the language should be left as staff requests and if the fire district needs further
clarification Public Works will address. Mr. Ochsner asked if there was a need to delete item H. Mr. Mueller
indicated that was approval criteria and would not need to be amended, but Condition of Approval L.12 may
need to be amended. Conditions of Approval L.13 will need to be deleted also. Mr.Barker added his concern
on having those changes since this is a criterion for approval. There is not much enforcement with the second
sentence of L.13. The plan to maintain the roadway needs to be developed between the owners. If the county
is not maintaining the road someone has to do. It can be the HOA or the individual homeowners. Mr.
Ochsner added that according to Public Works they want to maintain the road. Mr.Barker added the question
is when to you require them to provide some indication as to how their going to go about doing that. The legal
document is an agreement between the property owners or a covenant that addresses the concern. Mr.Miller
added Planning Commission needs to agree on rather the county should take over maintenance of the road.
If there is no agreement then the HOA will need to address the issue. Mr. Schei added that according to
Section 24-3-60.1.8 the context is a minor subdivision and typically they do not have paved roadway. It is
inconsistent to read the section and apply for it when they already have a paved roadway. If a paved road is
not approved the residents can come back in the future and petition for the county to take this over.
3
Further discussion ensued on rather the county should take maintenance of an internal roadway on a
subdivision that is not adjacent to a paved roadway.
Roy Spitzer added that if the internal road is paved the maintenance will be limited. There will not be much
work to be done. Mr. Schei stated that would be the goal.
Michael Miller indicated he is not in favor of the county taking the maintenance of this internal road due to
location and it not being beneficial for the county. The transition from a paved road to a gravel road is a
concern, if a corner of the pavement gets torn off then a county employee is required to go fix the situation.
This does not seem to be appropriate for a nine lot subdivision. Mr. Branham agrees that if the applicant
wants to pave the roadway they should be able to but the county should not be required to maintain it. The
Public Works would be the one that has the final decision on whether they want to take it over. Public Works
should review very closely before agreeing to take the maintenance over. Mr.Schei added that Public Works
could not say no due to the language in the code.
Michael Miller moved that Case MF-1081, 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. Roy
Spitzer, yes; Erich Ehrlich, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes, Doug Ochsner, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
Erich Ehrlich commented he emphasized Section 24.3.60.1.8
Paul Branham commented he does not think the county should take over the maintenance of the paved road
until such time as the adjacent county road has been paved.
Tom Holton commented the applicant has done a good job working with the neighbors to get the issues
resolved.
CASE NUMBER: AmUSR-1467
APPLICANT: Petro Canada Resources (USA) Inc.
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Portions of Section 26, 27 34, 35, T6N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for a Oil & Gas
Production Facility(21 oil and gas wells &6 tank batteries)in the I-1
(Industrial)Zone District.
LOCATION: East of and adjacent to State Highway 257; west of CR 23 and north of
Cache La Poudre River
Brad Mueller,Department of Planning Services presented Case AmUSR-1467,reading the recommendation
and comments into the record. The Department of Planning Services is recommending denial of the
application based solely upon the code interpretation of no development within the floodplain.
Bruce Fitzgerald asked if the floodway was based on a 100 year flood. There have been 500 year floods but
we are presently in a drought situation. If the well heads were a foot above flood stage would they be allowed
with regards to the criteria for approval? Mr. Mueller stated the criteria states there can be no development in
floodway except for agricultural exempt buildings. Oil and Gas production facilities are not agricultural exempt
buildings. In minutes from the original USR application it was noted that FEMA did not have concern with such
structures being in the floodway or floodplain. If this was approved any structure in flood plain or way would
need to get a Flood Hazard Permit.
Michael Miller indicated he is presently in negotiations with Broe Company on a piece of property and this
presents a potential for conflict of interest. Broe Company is the land owners of this property. Mr. Barker
stated there are close connections and asked who would stand to benefit from your vote. Mr.Miller stated he
may not benefit from approval of the land use application but the appearance is there that he might. Mr.
Barker stated that in this instance it is an individual decision. Mr. Miller chose to rekuse himself from the
proceedings at this time.
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