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Home My WebLink About20063008.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Doug Ochsner, 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: AmMJF-1119 APPLICANT: Charles & Phyllis Nelson PLANNER: Brad Mueller LEGAL DESCRIPTION: Lots 9-11, Block 1, Hill-N-Park Filing 1; also a part SW4 of Section 26, T5N, R66W of the 6th P.M., Weld County, Colorado REQUEST: Amended Major Subdivision Final Plat amending lotlines for Lots 9-11, Block 1, of Hill-N-Park Filing 1, located within the R-5 Zone District LOCATION: West of Yellowstone Drive, within the Hill-N-Park subdivision, south of Greeley 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 24-4-40.A and 24-4-40.D of the Weld County Code. 2. It is the opinion of the Planning Commission that the application has shown compliance with Section 24-4-40.E.6 of the Weld County Code as follows: A. Section 24-4-40.E.6.a — That the proposed subdivision is located within an urban growth boundary area as defined and adopted in any approved intergovernmental agreement, or as defined in Chapter 22 of this Code. The amended lots lie within an existing subdivision within the urban growth boundary of the City of Evans. Zoning for the subdivision is R-5. B. Section 24-4-40.E.6.b -- 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 requirements for a subdivision and does not make any changes to the overall subdivision design. Zoning bulk standards for the R-5 Zone District are maintained, including the minimum lot size of 6,000 square feet. The proposed site lies within the Town of Evans' Urban Growth Boundary. Both the Town of Evans and the City of Greeley lie within the three- mile referral area; Evans expressed no concerns, and Greeley did not respond to the referral request. C. Section 24-4-40.E.6.c — The comments received from referral agencies have been addressed, if applicable. All comments have been addressed through the conditions of approval and the development standards. D. Section 24-4-40.E.6.d -- 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 subdivision, including fire protection. The lots are currently adequately served by the Town of Evans. E. Section 24-4-40.E.6.e -- 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 subdivision. The lots are adequately served by the Town of Evans. F. Section 24-4-40.E.6.f-- That streets within the minor subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision. Standards are established in Appendices 24-D and 24-E to this Chapter. No changes to the existing roads will be made by this proposal. EXHIBIT ISO 2006-3008 I . tvt7F /t l Resolution AmMJF-1119 Charles & Phyllis Nelson "'^ Page 2 G. Section 24-4-40.E.6.g -- That off-site street or highway facilities providing access to the subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision in accordance with the requirements set forth in Article VII of this Chapter. This criterion does not apply. H. Section 24-4-40.E.6.h — That facility providing drainage and stormwater management are adequate. Existing stormwater facitilies will not be changed by the proposed action. I. Section 24-4-40.E.6.i— That the subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, hospital, solid waste disposal and other services. Service levels would not be affected by this proposal. The existing three lots will be reconfigured into three lots, so there will be no change in impacts. If any addresses are changed, the applicants shall forward these to the Milliken Fire Protection District. J. Section 24-4-40.E.6.j— That the subdivision will not cause air pollution violations based on Colorado Department of Health standards. The proposed changes will not affect air quality, according to the Department of Health and the Environment. K. Section 24-4-40.E.6.k — The proposed subdivision conforms to the subdivision design standards of Article VII. The proposal conforms to all required standards. No changes are proposed to the street or street system, to the utility easements, or to drainage, and all public infrastructure is already constructed and in place. L. Section 24-4-40.E.6.I—That the subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land and historical sites. This criterion does not apply. 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 Final Plat: A. The plat title shall be revised to include"AmMJF-1119" (Department of Planning Services) B. An exhibit shall be submitted showing the existing structures on the proposed reconfigured lots, demonstrating that all setbacks and offset standards will be met. (Department of Planning Services) C. The following notes shall be placed on the plat (Department of Planning Services): 1) This resubdivision amends the Hill-n-Park Subdivision, Filing 1, Lots 9, 10, and 11 of Block 1, recorded with the Weld County Clerk and Recorder at Reception No. 1487343. All other requirements and standards of that plat apply. 2) 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) 3) 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) Resolution AmMJF-1119 Charles & Phyllis Nelson Page 3 4) The site shall maintain compliance at all times with the requirements of the Weld County Government. (Department of Planning Services) D. The format of the final plat document shall adhere to the standards required of Sections 24-4- 40.D.6 and 24-4-40.D.7 of the Weld County Code. (Department of Planning Services) 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) F. The applicant shall submit an digital file of all drawings associated with the Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, 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 item 1 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 24-4-40.D.6 through D.11 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) 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. Prior to the release of building permits: A. The applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the amended lot designation and subdivision (Hill-n-Park, Filing 1). (Department of Planning Services) B. If any addresses change or are added, this information will be forwarded to the Milliken Fire Protection District. (Milliken Fire Protection District) Motion seconded by Tom Holton Resolution AmMJF-1119 Charles & Phyllis Nelson Page 4 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 September 5, 2006. Dated the 5th of September, 2006. Voneen Macklin Secretary �1 - S- The following items will be Heard: CASE NUMBER: 2r°AmUSR-249 APPLICANT: Asphalt Specialties Company PLANNER: Kim Ogle LEGAL DESCRIPTION: Part of the NE4NW4 and NW4NE4 and S2NW4 SW4NE4 and SE4 of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado, exempting out those parts being considered by the Town of Erie for the Spallone Annexation REQUEST: Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities including a Concrete and Asphalt Batch Plant, Concrete and Asphalt Recycling Plant and Gravel Mining in the A (Agricultural)Zone District LOCATION: North of and adjacent to State Highway 52; and east of and adjacent to County Line Road Kim Ogle, Department of Planning Services read a letter from the applicant requesting a Planning Commission hearing date of September 19, 2006. The case was previously indefinitely continued. Roy Spitzer moved to continue to September 19, 2006. Doug Ochsner seconded. Motion carried. CASE NUMBER: AmMJF-1119 APPLICANT: Charles& Phyllis Nelson PLANNER: Brad Mueller LEGAL DESCRIPTION: Lots 9-11, Block 1, Hill-N-Park Filing 1; also a part SW4 of Section 26, T5N, R66W of the 6th P.M., Weld County, Colorado REQUEST: Amended Major Subdivision Final Plat amending lotlines for Lots 9-11, Block 1, of Hill-N-Park Filing 1, located within the R-5 Zone District LOCATION: West of Yellowstone Drive, within the Hill-N-Park subdivision, south of Greeley Brad Mueller, Department of Planning Services presented Case AmMJF-1119, 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. Tom Holton asked if the L shape was so the applicant could maintain the minimum 6000 square foot lot size needed. Mr. Mueller stated it was. Mr. Mueller indicated the applicant is currently not present. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Doug Ochsner asked why this was not on the Consent Agenda. Mr. Mueller indicated the application was originally withdrawn by the applicant and there were some inquiries about the case. There were also some previous issues and changes to the request. Charles Nelson, applicant,was now available for questions. Mr. Nelson indicated that he only owns 1.5 of the 3 lots while Gary Weidman owns the remainder. Doug Ochsner asked if the Planning Commission was to presume he was speaking on behalf of all the owners. Mr. Mueller indicated Mr. Nelson initiated the request. The three lots are currently deeded as two separate parcels. The deeds do not correspond with the buildable lots thus being the problem. This is amending the plat to reflect in part what the deeds indicate. 1* Doug Ochsner moved that Case AmMJF-1119, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation fl 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; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes; Mark Lawley, yes. Motion carried unanimously. Mr. Nelson indicated he had not read the Development Standards and Conditions of Approval and asked for a summary of them. Mr. Mueller stated they consist of changes to the plat document, notes added to the plat, new copies of deeds are submitted. The language is standard. Mr. Nelson indicated he was in agreement with them. CASE NUMBER: USR-1571 APPLICANT: Great Western Oil &Gas Company PLANNER: Brad Mueller LEGAL DESCRIPTION: E2 of Section 27, T6N, R67W of the 6th P.M., Weld County, Colorado REQUEST: A Site Specific Development Plan and Special Use Permit for an Oil & Gas Production Facility(10 oil and gas wells &2 tank batteries) in the I-1 (Industrial)Zone District LOCATION: South of and adjacent to CR 66; ''A mile east of Hwy 257 Brad Mueller, Department of Planning Services presented Case USR-1571, 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. Tom Holton asked if there was a lake located on the property. Mr. Mueller indicated it was a storage pond. Doug Ochsner asked if there was any effect on the trail system in the area. Mr. Mueller stated he did not examine the plan in conjunction with the trail system. There was none on the site other than the sidewalk system. It can be reviewed at closer detail if needed. Mr. Ochsner stated the bulk of the system is further to the south. William Crews, representative for the applicant, provided further clarification. The size of the parcel is 320 acres not the 951 acres indicated. It is not unlike the previous applications. This site is slightly further west with the series of oil and gas wells. Most will be drilled from one or two pads to keep the number of surface locations down. Doug Ochsner asked for clarification on the well heads. Mr.Crews stated there will be 10 well heads but the number of tanks and batteries will be limited. There are presently two locations for the tank, batteries and separators. Tom Holton asked if this would come under the State rules of high density. Mr.Crew stated it does not. That would be with a number of platted lots and/or public meeting requirements. It is still considered normal drilling. High density gives setbacks from various facilities. The setback is 150 feet or 1.5 times the height of the derrick, whichever is larger. Char Davis added she would like to correct Development Standards #9 to state ....."during drilling/construction." William Crews indicated he was questioning Condition of Approval 1 B. The access is off of Hwy 257 and is a CDOT permitted access for truck traffic. Does Condition of Approval 1A mean the need is to add this to the plat? Jesse Hein, Public Works,added it would need to be delineated on the plat. The reserved right-of-way needs to be there. Mr. Mueller added they want something from Windsor that the access as proposed is adequate and acceptable. Mr.Crews stated the access is exiting and approved by CDOT. Mr.Mueller stated that there needs to be something from Windsor that there are changes to the access and use of it. Tom Holton asked for clarification on the access. Mr. Crews indicated that the north access from CR 66 will not be used. All will be from Hwy 257. 3 Hello