HomeMy WebLinkAbout20063273 RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Bruce Fitzgerald that the following resolution be introduced for passage by the Weld
County Planning Commission. Be it resolved by the Weld County Planning Commission that
the application for:
Case Number: USR-1564
Applicant: Harley and Patricia Troyer
Planner: Michelle Martin
Legal Description: Pt. N2 SE4 of Section 7, T2N, R66W of the 6th P.M., Weld
County, CO
Request: A Site Specific Development Plan and a Special Review Permit
for a business permitted as a use by right or accessory use in the
Commercial or Industrial Zone District (Auction Yard) in the A
(Agricultural) Zone District.
Location: West of and adjacent to Highway 85 and South of and adjacent to
County Road 22.5
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. It is the opinion of the Department of Planning Services' staff that the applicant has
shown compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal
4) states, "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." The majority of the activity regarding the proposed
use will be located in the south half of the site. Many of the items sold at the
auction are agricultural or farm related. Application materials indicate that the
site can support the proposed use. Conditions of Approval and Development
Standards ensure that a reasonable attempt will be made to be compatible with
the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Currently the property is in violation (VI-0600084) for
operating a commercial auction on the property without an approved and
recorded Use by Special Review (USR). Upon approval of the USR the violation
will be closed. Section 23-3-40.R of the Weld County Code provides for a
business permitted as a use by right or accessory use in the Commercial or
Industrial Zone District (Auction yard) in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with
the existing surrounding land uses. The surrounding property to the north, south,
east and west are primarily agricultural. State Highway 85 boarders the propert H,
on the east. The Department of Planning Services has not received any letters m
from surrounding property owners. c33 4-
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with u! y
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 AIM"
Code and any other applicable code provisions or ordinances in effect, or the
2006-3273
Resolution USR-1564
Harley & Patricia Troyer
Page 2
adopted Master Plans of affected municipalities. The subject property lies within
the three mile referral area of the Town of Platteville and the City Fort Lupton.
The Department of Planning Services has not received a referral from the Town
of Platteville. The City of Fort Lupton indicated in their referral dated 6/16/06 that
they reviewed the request and found no conflicts with their interests.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 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 subject site 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)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed use.
The lot consists of 18 acres with the majority of the proposed activity located in
the southern portion of the lot.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval and Development Standards ensure that there are adequate
provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
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
entities.
The Department of Planning Services' staff recommendation for approval is conditional upon
the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are
desired the Department of Planning Services shall be notified in writing. If the
applicant does not notified the Department of Planning Services the sign shall
adhere to Section 23-4-90.A and .B of the Weld County Code. Further, the
location of the sign, if applicable shall be delineated on the USR plat.
(Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes can be delineated on the plat in accordance
with the State requirements as an attempt to mitigate concerns. The plat shall
be amended to include any possible future drilling sites. (Department of Planning
Resolution USR-1564
Harley & Patricia Troyer
Page 3
Services)
C. The applicant shall submit a landscape/screening plan to the Department of
Planning Services for review. Section 23-3-250.A.9 of the Weld County Code
states, "uses involving outdoor storage of vehicles, (including the parking of
employees vehicles) equipment or materials when permitted shall be screened
from public rights-of-way and all adjacent properties." (Department of Planning
Services)
D. The internal circulation within the site is unclear. The applicant shall submit a
drawing illustrating the proposed circulation pattern throughout the property,
including the appropriate signs, wheel stops and 310 parking spaces.
(Department of Planning Services and Public Works)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1564 (Department of Planning
Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning
Services)
2) The approved Landscape/Screening Plan. (Department of Planning
Services)
3) CR 25.5 and CR 22.5 are classified by the County as local gravel roads,
which requires 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-
way. If the right-of-way cannot be verified, it shall be dedicated. The plat
shall delineate the existing right-of-way and the documents which created
it along with any additional right-of-way reservation required. (Department
of Public Works)
4) This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-B of the Weld County Code. The total number
of on-site parking for this facility shall be three hundred and ten (310)
spaces, of which eight (8) shall be a van accessible handicapped parking
stall meeting all of the requirements as set forth in the Americans with
Disabilities Act. Further, the applicant shall delineate curb stops for the
parking spaces shown on the USR plat. (Department of Planning
Services and Public Works)
5) The applicant shall address and adhere to the American with Disabilities
Act and ADA standards for this facility at all times. Non-ambulatory /
ambulatory parking spaces shall be identified and shown on the plat.
This site will be required to meet all requirements of the Americans with
Disabilities Act. At least one space must be van accessible. The parking
spaces must be the closest possible to the entrance. Signing will be
required. Curb cuts, ramps and other methods of providing accessibility
Resolution USR-1564
Harley & Patricia Troyer
Page 4
shall be required to reasonably attempt to meet the requirements of this
Act. Should the applicant elect to not adhere to the previously discussed
Federal Standards, this office requests that the applicant outline how their
proposed site design mitigates the requirements of the American's with
Disabilities Act. (Department of Planning Services)
6) Any approved signs, if applicable. (Department of Planning Services)
7) The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
8) Section 23-3-350.H 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)
9) Section 23-3-360.F of the Weld County Code addresses the issue of
on-site lighting, including security lighting if applicable. States "any
lighting ... shall be designed, located and operated in such a manner as
to meet the following standards: sources of light shall be shielded so that
beams or rays of light will not shine directly onto adjacent properties...."
(Department of Planning Services)
C. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all
required improvements. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. The improvements agreement will not be needed if the
necessary improvements are done to the satisfaction of the Department of Public
Works and the Department of Planning Services. (Department of Planning
Services)
D. The applicant shall address the requirements (concerns) of Weld County
Department of Public Works, as stated in the referral response dated 7/12/06.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services and Public Works)
E. The applicant shall address the requirements (concerns) of Weld County
Department of Building Inspection, as stated in the referral response dated
7/31/06. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Building Inspection)
F. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Written evidence of their approval shall be submitted to the Weld
County Department of Planning Services. (Department of Public Health and
Environment)
G. The applicant shall provide written documentation to the Weld County
Department of Public Health & Environment that bottled water will be available
for use by employees and patrons whenever the auction site is being utilized.
Resolution USR-1564
Harley & Patricia Troyer
Page 5
Written evidence of their approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and
Environment)
H. The applicant shall provide written documentation to the Weld County
Department of Public Health & Environment that adequate numbers of portable
toilets and handwashing stations, with soap and paper towels, shall be available
for use by employees and patrons whenever the auction site is being utilized.
Written evidence of their approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and
Environment)
The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health & Environment. Evidence of Department of Public Health and
Environment approval shall be submitted to the Department of Planning
Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number). (Department
of Public Health and Environment)
J. The applicant shall address the requirements (concerns) of Colorado
Department of Transportation, as stated in the referral response dated 6/20/06.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Colorado Department of Transportation)
K. The applicant shall attempt to contact the Weld County Sheriff's Office regarding
a security plan for the site as stated in the referral response dated 7/27/06.
(Weld County Sheriff)
L. 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. Upon completion of 1. and 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 plat 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)
4. 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
Resolution USR-1564
Harley & Patricia Troyer
Page 6
Coverages and ArcInfo 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
mapsaco.weld.co.us. (Department of Planning Services)
5. 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 ready to be recorded in the
office of the Weld County Clerk and Recorder. (Department of Planning Services)
6. 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 the
Board of County Commissioners resolution was signed a $50.00 recording continuance
charge may be added for each additional 3 month period. (Department of Planning
Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
— Harley and Patricia Troyer
USR-1564
1. A Site Specific Development Plan and a Special Review Permit for a business permitted
as a use by right or accessory use in the Commercial or Industrial Zone District (Auction
Yard) in the A (Agricultural) Zone District. (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 applicant shall apply dust suppressant chemical (magnesium chloride or calcium
chloride)on WCR 25.5 approximately 300 feet in front of any affected residence adjacent
to the proposed USR auction facility. No less than twice a year for more often as
determined by the Weld County Public Works Department Motor Grader Supervisor.
(Department of Public Works)
4. The historical 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 of storm run-off. The applicant must
take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
5. 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)
6. 6. 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)
7. 7. 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)
8 8. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
9. 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)
10. 10. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public
Health and Environment)
I. 11. Adequate toilet facilities (portable toilets)and hand-washing stations shall be provided for
use by employees and patrons whenever the auction site is utilized. (Department of Public
Health and Environment)
12. Bottled water shall be available and provided to employees and patrons whenever the
auction site is utilized. (Department of Public Health and Environment)
13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling and in a manner that
minimizes the release of hazardous air pollutants(HAP's)and volatile organic compounds
(VOC's). (Department of Public Health and Environment)
14. 14. 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)
15. 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)
16. 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)
17. 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)
18. The landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
19. As indicated by the application material the hours of operation will be limited to 40 hours
per month seven (7)days a week but only during daylight hours. (Department of Planning
Services)
20. As indicated by the application, the number of employees shall be limited to ten (10).
(Department of Planning Services)
21. 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.
(Department of Planning Services)
22. A plan review is required for each building for which a building permit is required. 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. Building plans shall also be submitted
to the Fort Lupton Fire Protection District. (Department of Building Inspection)
23. 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 2005 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
24. 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.
8
(Department of Building Inspection)
25. The structure will probably be classified as B occupancy. 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
Weld County Code. (Department of Building Inspection)
26. 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 the
Weld County Code. Building height shall be measured in accordance with 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)
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
29. Personnel from the 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.
25. 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.
26. 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.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Chad Auer - Chair
Doug Ochsner- Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
9
The Chair declares the resolution passed and orders that a certified copy be placed in the file of
this case to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 19, 2006.
Dated the of 19`h of September, 2006.
Donita May
Secretary
10
0_/9-:ci,
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 19, 2006
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Chad
Auer, at 1:30 p.m. ,,
ABSENT
ROLL CALL
Chad Auer- Chair
Doug Ochsner -Vice Chair
Paul Branham r?
Erich Ehrlich
Bruce Fitzgerald "
Tom Holton
Roy Spitzer
James Welch
Also Present: Kim Ogle,Jacqueline Hatch,Michelle Martin,Bruce Barker,Cyndy Giauque,Don Carroll,Jess
Hein, Char Davis, Donita May.
The summary of the last regular meetings of the Weld County Planning Commission held on August 1,2006
and September 5, 2006, were approved as read.
Bruce Fitzgerald moved to approve the minutes. Doug Ochsner seconded.
Chad Auer informed the audience of the changes to the order of the agenda and reminded the audience to
sign in and limit their presentations to five minutes.
— 1. CASE NUMBER: USR-1564
APPLICANT: Harley&Patricia Troyer
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part N2 SE4 of Section 7, T2N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for a
business permitted as a use by right or accessory use in the
Commercial or Industrial Zone District (Auction yard) in the A
(Agricultural)Zone District.
LOCATION: West of and adjacent to Hwy 85 and south of and adjacent to CR
22.5.
Michelle Martin, Department of Planning Services, presented Case USR-1564, and said the applicants had
requested this case remain on the consent agenda.
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 moved that Case USR-1564,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 decisionSpitzer,
. Paul Holton, yes;BesnJames Welch, yes;rliMark Law ley, yes;ruce zChad dAuer, yesm Motion carried ounaugO chsner,yes; Roy mously, EXHIBIT
F
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be7ruru.ul,aa.i>,r,A 10-0g-.)-0r:1(c
S- 15-apt*
CASE NUMBER: USR-1568
APPLICANT: Pedro Saucedo
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-4224; being part of E2NW4 Section 22, T2N,
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review
Permit for a Use by Right, an accessory use, or a Use by
• Special Review in the Commercial or Industrial Zone
District(an office and storage building for materials used
by oil and gas operations) in the A(Agricultural)Zone
District.
LOCATION: South of and adjacent to CR 20; approximately 1/2 mile
east of CR 31.
Jacqueline Hatch, Department of Planning Services, said staff requested this case be removed from the
consent agenda due to letters they had received from surrounding property owners. Bruce Barker, County
Attorney, asked if it were pulled off the consent agenda, would Planning reschedule the case. Ms. Hatch
replied the case would be added to today's hearing items and would not be continued.
The Chair said Case USR-1568 would be heard after item number six on the agenda.
Tom Holton moved the Consent Agenda be approved as amended and forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Roy Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich,yes;Tom Holton,yes; Mark Lawley,yes; Doug Ochsner,yes; Roy Spitzer, yes;
James Welch, yes; Chad Auer, yes. Motion carried unanimously.
CASE NUMBER: USR-1564 •
APPLICANT: Harley& Patricia Troyer
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part N2 SE4 of Section 7, T2N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special
Review for a business permitted as a use by right or
accessory use in the Commercial or Industrial Zone
District(Auction yard) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to Hwy 85 and south of and
adjacent to CR 22.5.
Hannah Hippely, Department of Planning Services, for Michelle Martin, asked the case be continued to
September 19, 2006, to allow for appropriate mineral notification.
Patricia Troyer, applicant, stepped forward and said she had the waivers from the three mineral owners and
preferred not to continue to a later date. The Chair asked Mr.Barker for procedural advice. Mr.Barker replied
his concern was we needed a waiver from everyone on the mineral owners/lessees list.
After review of the file, Jacqueline Hatch, Department of Planning Services, said the applicant did have
paperwork from each owner/lessee but as this was Ms. Martin's case and she was out ill today, staff had not
prepared to present the case today.
Chad Auer asked the applicant if she had anything else to add. Mrs.Troyer said they hold an auction a few
times a year on bare ground and were not planning on building anything on the site and there were several
building code specifications in the correspondence from Ms. Martin.
Doug Ochsner asked if the case were continued to September 19,2006,would this pose any major hardships
upon completion of the auction yard. Mrs.Troyer said it would not, but she did not know what else to plan for
2
in the future as all the documents were there today. Chad Auer said it would allow staff to be better prepared
for the hearing.
Ms. Hatch said staff would be comfortable presenting the case today. Doug Ochsner asked about the case
load for the September 19 hearing. Kim Ogle, Department of Planning Services,said the September 19,2006
hearing contained only one case. Mr.Ochsner recommended continuing Case USR-1564 to September 19,
2006 due to the full agenda today and apologized to the applicant for the inconvenience.
•
Doug Ochsner moved that Case USR-1564, be continued to the September 19,2006 hearing. Paul Branham
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Tom Holton, no; Mark Lawley, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch,
yes; Chad Auer, yes. Motion carried.
CASE NUMBER: 2006-04-St Vrain Lakes PUD.
APPLICANT: Kristen D. Bear, White, Bear&Ankele PC.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Parts of Sections 25, 35, and 36, T3N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Service Plan for Metropolitan Districts 1, 2, 3, and 4 (St
Vrain Lakes PUD).
LOCATION: Multiple parcels generally located east of and adjacent to
the 1-25 Frontage Road; south of and adjacent to SH 66;
west of and adjacent to CR 13; and north of and adjacent
to St. Vrain River.
Jacqueline Hatch, Department of Planning Services, said Kristen D. Bear with White, Bear&Ankele PC
representing St. Vrain Lakes had applied for a request for Service Plan for the proposed St.Vrain Lakes
PUD Metropolitan District 1, District 2, District 3, and District 4.
The submitted Service District#1 and supporting Financing Districts#2-4 were proposed to provide urban
services within an area of Weld County that was zoned PUD with (E) Estate; (R-1)Low Density Residential;
(R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1)
Neighborhood Commercial, (C-2) General Commercial and continuing Oil and Gas Production Uses in the
Mixed Use Development Overlay District. The subdivision was identified as the St. Vrain Lakes PUD and
comprised approximately 1313 acres with 4800 to 5131 residential lots with an average lot size of 7500-8000
SF.There were also three commercial development areas(40 acres)and a municipal development area(22
acres), three school sites and 334 acres of open space.
The applicant had indicated in their application that the financing plan and the content of the service plan
describe the overall development plans for the project. The project would require substantial public
improvements, in excess of ninety nine million dollars, in order to facilitate build-out. Implementation of an
organized and coordinated financing and phased construction program through the proposed districts was
crucial for a development of this size and scope. Accordingly,the demand for the services and facilities to be
provided by the districts was demonstrable.
It was the opinion of the Department of Planning Services'staff that the applicant had shown compliance with
Section 32-1-203(2)and Section 32-1-203(2.5), C.R.S. and Section 2-14-20 through Section 2-14-70 of the
Weld County Code
The referral dated July 23, 2006 addressed the concerns of Don Warden, Director of Finance. Mr. Warden
stated, "St.Vrain Lakes Metropolitan Districts 1, 2, 3,and 4 prepared by Stan Bernstein and Associates, Inc.,
and reviewed by D.A. Davidson &Company appeared to be financially feasible and prepared in accordance
with the Weld County Code Section 2-14-300). The maximum mill levy of 65 mills with 50 mills maximum for
debt service and up to 15 mills for operations and maintenance was consistent and in compliance with Weld
County Code Section 2-14-20 (H). The maximum debt mill levy imposition term was consistent and in
compliance with Weld County Code Section 2-14-30."
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