HomeMy WebLinkAbout20061349.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
— Moved by Chad Auer, 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: USR-1540
APPLICANT: John Montera
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Lot B and part of Lot D of RE-3961; being part of the SE4 of Section 10, T6N,
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a Public and
Quasi-public building including a Church in the Agricultural Zone District.
LOCATION: North of and adjacent to CR 70; west of and adjacent to CR 33.
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 23-2-260 of the
Weld County Code.
2. The request complies with Section 23-2-220.A.1 of the Weld County Code, that the proposal is
consistent with Chapter 22 of [the] Code and any other applicable code provisions or ordinance in
effect. Some relevant sections included the following:
A. Section 22-2-60.A (A.Policy 1.1) — Agricultural zoning will be established and maintained and
promote the Country's agricultural industry. Agricultural zoning is intended to provide areas for
agricultural activities and other uses interdependent upon agriculture. The proposed ministry center
is intended to serve both as a traditional worship facility, but also as outreach to the agricultural
community in the form of hosting 4-H clubs, serving the rodeo circuit, and providing youth activities.
B. Section 22-2-60.D (A.Goal 4) — Conversion of agricultural land to nonurban residential, commercial
and industrial uses will be accommodated when the subject site is in an area that can support such
development. Such development shall attempt to be compatible with the region. This goal is
intended to address conversion of agricultural land to nonurban uses. The proposed facilities are
located in a site surrounded by agricultural uses. The equestrian uses, the pole barn architecture,
location on the site, planned landscaping and other screening, and the proposed Development
Standards all assist in the goal of ensuring that the proposal is compatible with the region.
3. Section 23-2-220.A.2 -- The proposal is consistent with the intent of the district in which the use is
located. The subject property is zoned Agricultural. The proposed use is for a 350-seat (maximum)
church building, a small prayer chapel, an existing residence, a large indoor riding (roping/rodeo) arena
and barn, parking, and ancillary structures. The entire facility would serve as a worship center,
congregational start-up center, youth center, and general community facility. Section 23-3-40 indicates
"churches" as a Use by Special Review. "Churches" are further defined in Section 23-1-90 as "a group
of buildings or structures that . . . are primarily intended for conducting organized religious services and
associated accessory uses." The various accessory uses (horse arena, etc.), while not particularly
commonly associated with churches, are described by the applicant in some detail as integrated into
the mission of the organization. Furthermore, these uses are consistent with other potential Uses by
Special Review such as roping arenas, recreational facilities, and uses that generally support the
farming and agriculture history found in Weld County. "Rodeo" and "roping arenas" are specifically
allowed Uses by Special Review in the Agricultural Zone District as well. (Section 23-3-40.B.17 & .18)
4. Section 23-2-220.A.3 -- The uses which would be permitted will be compatible with the existing
surrounding land uses. Surrounding uses include agriculture and associated housing and support
facilities. The applicant has indicated that landscaping will be provided for the site; this will be
concentrated along the roads and the intersections of County Roads 33 and 70. The site is under
zoning violation (File VI-0500175) due to the arena being used for congregating with large numbers in
(14. EXHIBIT
2006-1349
Resolution USR-1540
Church Barn
Page 2
regular attendance without an approved site plan; a Use by Special Review permit would remedy this
violation. Other conditions of approval concerning traffic, lighting, etc., along with the proposed
Development Standards, will ensure that the site is compatible with the surrounding uses.
5. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with 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 and any other applicable code provisions or ordinances in
effect, or the adopted Master Plans of affected municipalities. The subject property lies midway
between Eaton and Greeley but does not lie within either the Intergovernmental Agreement ("IGA") or
Urban Growth Boundary ("UGB") areas for either municipality. Future surrounding uses are likely to
remain the same as those current uses described above. The subject property lies within the three-mile
referral area for the Town of Eaton and the City of Greeley, but neither expressed any concerns with
the proposal.
6. Section 23-2-220.A.5 -- The application complies with Article V of this Chapter[Overlay Districts]of the
Weld County Code. The site does not lie within any Overlay Districts. 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) 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)
7. Section 23-2-220.A.6— That if the use is proposed to be located in the A (Agricultural) Zone District, the
applicant has demonstrated a diligent effort has been made to conserve prime farmland. The site is
located on prime (irrigated) farmland. The applicant indicates that the proposed uses support and
promote the agrarian lifestyle and that, while the land is not being proposed for active farming, the uses
and design nonetheless support the intent of this approval criterion. Furthermore, the site lies within a
much larger agricultural holding of approximately 160 acres, which is used actively and primarily for
growing crops.
8. Section 23-2-220.A.7— There is adequate provision for protection of the health, safety, and welfare of
the inhabitants of the neighborhood and the County. The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County Code), proposed Conditions of
Approval, and Development Standards will ensure that there are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation of compliance with the Code is based upon a review of the application materials
submitted by the applicant, other relevant information regarding the request, and responses from referral
entities.
The Planning Commission recommendation for approval is made conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submit an on-site storm water drainage plan to Public Works for review and
approval. Evidence of submittal and resolution shall be provided to the Department of Planning
Services. (Department of Public Works)
B. The applicant shall submit a brief traffic impact study to Public Works, which shall include a
description of the project, the vehicle trip generation, and the distribution for the proposed church
and riding area. On-site traffic impacts must be addressed, and off-site traffic impacts to County
roadways shall be addressed. The study will be used as a baseline to determine traffic impacts
attributed to the development. Evidence of submittal and resolution shall be provided to the
Department of Planning Services. (Department of Public Works)
Resolution USR-1540
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C. The applicant shall provide written evidence to the Department of Planning Services from CDOT
that their concerns have been addressed and mitigated. (CDOT)
D. The applicant shall submit a Landscape/Screening Plan to the Department of Planning Services. In
order to mitigate the potential negative impact and aesthetic concerns on surrounding properties,
the applicant shall delineate landscaping or other acceptable screening on all sides of any areas
proposed for parking or outdoor storage. Evidence shall also be provided that the proposed water
source allows for watering of landscaping. The Plan shall also address the type and size of fencing
proposed. (Department of Planning Services)
E. The applicant has not indicated any lighting on the site. If lighting is proposed or existing on site it
shall be noted on the Site Plan. The applicant shall adhere to the lighting standards, in accordance
with Section 23-2-160.U.6 and Section 23-3-250.B.6 of the Weld County Code. (Department of
Planning Services)
F. The applicant has not delineated any on-site signs. If an on-site sign is desired, the sign shall
adhere to Section 23-4-90 of the Weld County Code. One identification sign per public and quasi-
public uses shall be allowed, provided that the sign does not exceed thirty-two (32) square feet.
Further, the location of the sign, if applicable, shall be delineated on the Plan Map. (Department of
Planning Services)
2. Prior to recording the Special Review Permit Plan Map, the following shall be addressed:
A. The applicant shall submit a dust abatement plan for review and approval to the Weld County
Department of Public Health & Environment, with evidence of approval submitted to the Department
of Planning Services. (Department of Public Health and Environment)
B. The Special Review Permit Plan Map shall be amended as follows:
1) All sheets of the plan map shall be labeled USR-1540. (Department of Planning Services)
2) The plan map shall meet all requirements as listed in Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
3) The plan map shall be modified to include the attached Development Standards. (Department
of Planning Services)
4) Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas.
Areas used for storage or trash collection shall be screened from adjacent public rights-of-way
and adjacent properties. These areas shall be designed and used in a manner that will prevent
wind or animal scattered trash. (Department of Planning Services)
5) The plan map shall be modified to identify any required drainage improvements resulting from
Public Work's review of a drainage plan. (Department of Public Works)
C. The applicant shall submit two (2) paper copies of the plan map for preliminary approval to the
Weld County Department of Planning Services, prior to recordation. (Department of Planning
Services)
3. Upon completion of Item #2 above, 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 plan map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the recording
fee. (Department of Planning Services)
Resolution USR-1540
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4. 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 the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. 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). This digital file may be
sent to maps(@co.weld.co.us. (Department of Planning Services)
6. Prior to issuance of any Building Permits (other than those for existing structures, as needed to bring
structures into compliance), the following shall take place:
A. The Special Review activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Special Review plat is recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
B. 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
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
C. All required plans (plot plans, proposed building details, water supply, etc.) must be submitted to
the Eaton Fire Protection District, Fire Prevention Bureau, for review and approval. Contact the
Eaton Fire Protection District for information and any additional requirements (fee schedule, plan
review process, etc.). (Eaton Fire Protection District)
7. Prior to issuance of the Certificate of Occupancy, the following shall take place:
A. The applicant shall install an engineer-designed septic system to handle the hydraulic load for a
congregation of 350 people. The system design shall comply with all County and State Laws,
Regulations and Policies. In the event the septic system(s) requires a design capacity of over
2,000 gallons of sewage per day the applicants shall provide evidence that all requirements of
the Water Quality Control Division of the Colorado Department of Public Health and
Environment(specifically Policies WQSA-6 and WQSA-8 ) have been satisfied. Evidence of
compliance shall be provided to the Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency(EPA)for any large-capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately, the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health and Environment)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Church Barn LLC
USR-1540
1. The Site Specific Development Plan and Special Use Permit is for a Roping/Rodeo Arena and a Public
and Quasi-Public Building including a Church in the A (Agricultural) Zone District as indicated in the
application materials on file and subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The roping/rodeo arena may only be used for public/quasi-public events up to six times per year.
EACH event must secure from Weld County a public Assembly Permit prior to the facility's use, pursuit
to Chapter 12 of the Weld County Code, as amended.
4. There shall be no staging or parking of trucks, trailers, or any other vehicles adjacent to the property on
Weld County Roads 33 or 70. Only on-site parking areas shall be utilized for parking and staging of
equestrian and agricultural activities. (Department of Planning Services)
5. Consistent with the approved stormwater drainage plan, the historical stormwater flow patterns and run-
off amounts will be maintained on site in such a manner that it will reasonably preserve the natural
character of the area and prevent property damage of the type generally attributed to run-off rate and
velocity increases, diversions, concentration and/or unplanned ponding or storm run-off. (Department
of Planning Services)
6. Landscaping and screening on the site shall be maintained in conformance with the Special Review
Permit Plan Map at all times. (Department of Planning Services)
7. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public
Health and Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the church.
(Department of Public Health and Environment)
14. Any septic system located on the property must comply with all provisions of the Weld County Code
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
Resolution USR-1540
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Page 2
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of
Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
17. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
18. A building permit shall be obtained prior to the construction of any new building. (Department of
Building Inspections)
19. A plan review is required for each building for which a building permit is required. All existing buildings,
will require building permits. Plans shall include a floor plan. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required when applying for
each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department
with each Building Permit application. Building plans shall also be provided to Eaton Fire Protection
District for their approval. (Department of Building Inspections)
20. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel
Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspections)
21. The new building will be classified as an A-3 (Church) occupancy. Occupant load will be determined at
the plan review. Occupant loads of 300 or more require additional requirements of a manual fire alarm
system and an automatic fire sprinkler system. Fire resistance of walls and openings, construction
requirements, maximum building height and allowable areas will be reviewed at the plan review. An
automatic fire sprinkler system may be required. This will be determined at plan review. Submit plans to
Eaton Fire Protection District for their requirement for automatic fire sprinkler requirements. Setback
and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspections)
22. 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. (Department of Building
Inspections)
23. Paved access along Weld County Road 33 is approved. The paving improvements shall consist of
additional base and asphalt and adequate turning radiuses at the entrance to the proposed USR. The
asphalt width shall be a minimum of 24 feet with four-foot gravel shoulders. (Department of Public
Works)
24. Off-street parking spaces and the access drive shall be surfaced with recycled gravel, asphalt, concrete
or the equivalent, and shall be graded to prevent drainage problems. (Department of Public Works)
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 Public Works)
26. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
Resolution USR-1540
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Page 3
27. 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)
28. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code (as amended). (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code (as amended). (Department of Planning Services)
30. Personnel from Weld County Government 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.
31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
33.
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 February 7, 2006.
Dated the 7th of February, 2006.
i \11CF C-C)
Voneen Macklin
Secretary
,; -7- ?CCG
subdivisions were created there were those who were opposed to influx of residences. The nature of the
county is growth and the developers have shown they will work with the neighbors.
James Welch stated this development fits with the area and there is existing urban scale to north and south.
The only concern was for the intersection of Hwy 392 and CR 35. That has been addressed by the applicant
and their willingness to help upgrade the intersection.
Roy Spitzer stated the development is compatible with the existing developments. There is still a concern
regarding the ditch and the safety of it.
Robb Casseday agrees with the Development Standards and Conditions of Approval.
Paul Branham moved that Case PZ-1090, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Doug Ochsner 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; James Welch, yes; Chad Auer, no; Tom Holton, yes; Doug Ochsner, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried.
CASE NUMBER: USR-1540
APPLICANT: John Montera
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Lot B and part of Lot D of RE-3961; being part of the SE4 of Section 10,
T6N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a Public
and Quasi-public building including a Church in the Agricultural Zone
District.
LOCATION: North of and adjacent to CR 70; west of and adjacent to CR 33.
Brad Mueller, Department of Planning Services presented Case USR-1540,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. Mr. Mueller requests a deletion on a
portion of Development Standard #19 stating " including the large indoor riding area" and the third
sentence in Development Standard #20.
Robb Casseday, representative for applicant, provided clarification of the proposal. The site will become a
church site with a building. Presently the parishners are meeting in the existing roping arena. This will
allow them to build a church with parking off of CR 33; this application will also allow room for expansion.
Doug Ochsner asked if the area is for private use and how that works with the church members. Mr.
Casseday stated Mr. Montera lives on another parcel and that is his facility. The church has had events
for one day and has applied for the appropriate permits through the county. Mr. Hoff, representative for
Mr. Montera, indicated the church uses the arena as a favor and now they need their own facility. The
roping arena is used by Mr. Montera personally. There have been some major events during the year but
that has been all it was utilized for except services. Mr. Mueller indicated the site is under violation at this
time for the church but this application will remedy the violation. Development Standards#3 addresses
the use of the arena for church activities and requiring the adequate permits through the county.
Paul Branham questioned the number of events only being six per year. Mr. Mueller stated there could
only be six events pre year and if they want to amend that it would need to be requested.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robb Casseday indicated they would like to be able to have twelve events per year. e
Paul Casseday moved to amend Development Standards#3 from six times a year to twelve times a year. � 1Y
X
Paul moved to approve the above referenced language. Chad Auer seconded. Motion carried. ma
T aoweaaeiaa
Tom Holton moved to amend Development Standards #19 and #20 according to staff recommendations.
Erich Ehrlich seconded. Motion carried.
Robb Casseday agrees to the Development Standards and Conditions of Approval.
Chad Auer moved that Case USR-1540, 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; James Welch, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
CASE NUMBER: PZ-1102
APPLICANT: Trinity Properties LP
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of Section 7, T6N, R63W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from Agriculture to PUD for 17residential lots, 2 non-
residential agricultural outlots and .8 acres of open space along with oil &
gas production. (Deer Meadows)
LOCATION: North of and adjacent to CR 70 approximately% mile east of CR 61.
Sheri Lockman, Department of Planning Services presented Case PZ-1102, 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. Trinity Properties LP c/o
Ed Flynn has applied for a Change of Zone from Agricultural to PUD for 17 residential lots, 2 non-
residential agricultural outlots and .8 acres of open space along with oil and gas production. The sign
announcing the Planning Commission hearing was posted January 6 by Planning Staff. The site is located
north of and adjacent to County Road 70 &approximately'/ mile east of County Road 61. Surrounding
properties are a agricultural in nature and Barnsville is adjacent to the site along the north edge of the
property. 16 referral agencies reviewed this case, 12 responded favorably or included conditions that
have been addressed through development standards and conditions of approval. Deer Meadows is a
cluster PUD. As such 2/3 of the total area of the property must be reserved for forty(40)years for
agricultural purposes. And the density of the PUD can not exceed two(2) residential units for each thirty-
five(35)acres. The applicant has included enough acreage to attain 17 residential lots. Although this does
exceed the 9 lots normally allowed in a non-urban area, it is Planning Staffs interpretation of the code that
the number of residential lots allowed in a cluster PUD is entirely computed by the acreage in the
subdivision. The proposed PUD will be serviced by individual wells and individual sewage disposal
systems. There is a pending augmentation Plan for the irrigation wells. The Final Plan application is
required to include the well permits for the 19 proposed wells and the water court decrees for the
Augmentation Plan to replace depletions from the wells.
Ann Johnson,representative for applicant, provided clarification on the proposal. The project location is north
of and adjacent to Weld County Road (WCR) 70 and west of and adjacent to the right of way for WCR 63.
The site is not located adjacent to a municipality or other PUD's, subdivisions, municipal boundaries or an
urban growth corridor or boundary. The property is located in close proximity of Barnesville,6 miles southeast
of Galeton,4 miles northeast of Gill, and 8 miles northeast of Kersey. This project is not a standard PUD. It
follows Cluster provisions. This project follows the definition of Non Urban Scale Development which includes,
"land used or capable of being used for agricultural purposes and including development which combines
clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming
and ranching operations for the next 40 years." This project follows the Cluster provision of Article X,Chapter
27 as well as the standard PUD process of Chapter 27 in that a minimum of 2/3 of the property acreage will be
reserved for a minimum of 40 years. (66.7% or 202.6 acres in Outlots A and B). Proposed agricultural
conservation easement for a minimum of 40 years. Agricultural buildings are permitted as necessary.
Intended use as pasture,a potential indoor/outdoor arena and to preserve the site's natural features. There
are some very severe areas with a gully in the middle and the terrain needs to be preserved. There will be 17
Estate/residential Lots clustered around the existing site which equates to 28.8% of the site. The lots will
range in size between 3.2—10.2 acres with auxiliary quarters as defined in Section 23-1-90. The right-of-way
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