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Home My WebLink About20020274.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Cristie Nicklas that the following resolution be introduced for passage along with the deletion of Item 1 by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-567 APPLICANT: Peter Hyland (Coyote Run PUD) PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot C of RE-2759; being a part of the NW4 of Section 26, T7N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Change of Zone from A(Agriculture)to E (Estate)for a 5-Lot D. LOCATION: North of and adjacent to WCR 76.5 and east of and adjacent to WCR 21. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of the Weld County Code. 2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as follows: A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development)of this Code. The proposed site is not influenced by an Inter-Governmental Agreement. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-60.A.1,A.Goal 1 --"Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." Chapter 22, Section 22-2-60.1.1,A.Goal 9 indicates that eighty (80)acres is considered the minimum lot size for a viable farming operation. The subject parcel is 137.5 acres net in size and is classified as"prime if irrigated" farmland on the Important Farmlands of Weld County map. Historically the subject parcel has not been utilized for crop production. Given the lack of viable soils, irregular shape of the parcel, (property is divided by the Eaton Canal) the parcel is not economically viable for agricultural production. Therefore, prime farmland will not be removed from production. ii. Section 22-2-60.C.2, A.Policy 3— "Conversion of agricultural land to residential, commercial and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area, or 1-25 Mixed Use Development area and urban development nodes." The application proposes non-urban scale development as defined by Section 27-2-140 of the Weld County Code. Section 27-2-140 defines non urban scale development as"...developments comprising of nine (9) or fewer residential lots, located in a nonurban area as defined in Chapter 22 of this Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors." This proposal includes public water and consists of five (5) PUD Estate zoned residential lots with Estate uses and one 20.791 acre open space lot. The proposed minimum lot size is 5.311 acres with an overall density of 27.5 acres per septic system. EXHIBIT 2002-0274 Resolution Z-567 Coyote Run Page 2 3) Section 22-2-60.D.2, A.Policy 4 "Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County." The proposed level of development is non-urban as defined in Section 27-2-140. The addition of five (5) PUD Estate zoned residential lots with Estate uses will have minimal impact on the local service providers. 4) Section 22-2-90.C.1, UGB.Goal 3 "The County and municipalities should coordinate land use planning in urban growth boundary areas, including development policies and standards, zoning, street and highway construction, open space, public infrastructure and other matters affecting orderly development." This proposal is located outside of the Town of Windsor's Growth Management Area and within the Town's Community Influence Area. The Town of Windsor has determined that the proposal is in compliance with the Windsor Comprehensive Plan. The Town of Severance did not respond to this request. 5) Section 22-2-170.C.2.b, R.Policy 3.2 "New residential development should demonstrate compatibility with existing surrounding land use in terms of general use, building height, scale, density, traffic, dust and noise." The proposed subdivision takes into consideration the surrounding properties, as well as the site advantages. The site is designed with a perimeter buffer around all lots separating the residential lots from surrounding properties. The Eaton Canal further serves as an open space boundary between adjacent parcels within this proposal. The Department of Planning Services will require Weld County's Right to Farm statement as stated in Appendix 22-E of the Weld County Code to be placed on the plat. 6) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation...." This proposal includes approximately 20% of land for the required open space. Further, the landscape treatment will focus on each of the entry's into the PUD and in the buffer area between the internal parcels and surrounding property's. The open space areas will be planted in native grasses and drought tolerant vegetation in an effort to conserve available water. 7) Section 22-3-50.B.1, P.Goal 2 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced with North Weld County Water District for potable and fire protection requirements. Individual Sewage Disposal Systems (I.S.D.S.), septic systems will handle the effluent flow. B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of this Code. The applicant has met the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, circulation, etcetera. The applicant proposes to vary from the Bulk Standards of the Estate Zone District as follows: Section 23-3-440.B Maximum Lot size shall be 45 acres; Section 23-3-440.D - Minimum offset would be five (5)feet or one foot for each three (3)feet of building height, whichever is greater; Section 23-3-440.H - Number of animal units is two (2) per acre. The Conditions of Approval, Development Standards and notes on the Plat ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. Resolution Z-567 Coyote Run Page 3 C. Section 27-6-120.6.c-That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of this Code or master plans of affected municipalities. The proposed site is not influenced by an Inter-Governmental Agreement. The Town of Windsor stated that proposal is outside of the Town of Windsor's Growth Management Area and within the Town's Community Influence Area. In a letter dated December 20, 2001, the Town of Windsor recommended approval of the proposed Planned Unit Development. The Town of Severance did not respond to indicate that the proposal was in conflict with their interests. D. Section 27-6-120.6.d -That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article II of this Code. North Weld County Water District has indicated their ability and willingness to service this application. Sewage disposal will be served by Individual Sewage Disposal Systems (I.S.D.S.). In a referral dated December 5, 2001 the Weld County Department of Public Health and Environment indicated that the PUD satisfied Chapter 27 in regard to water and sewer service. The minimum proposed lot size (5.3 acres) coupled with the overall density of one septic system per 27.5 acres meets the current Health Department policy. Further, the Weld County Department of Public Health and Environment indicated that, the preliminary geotechnical investigation conducted by Earth Engineering Consultants, Inc., had been submitted for the property. Very minimal data (one percolation test for the total 137.5 acres)supports the use of conventional septic systems. There are several irrigation ditches on site. However, with the large lots there should be no problem in locating septic systems to meet the one hundred (100)foot setbacks to ditches. Because Lot 2 is now 5.3 acres, and excluding the oil and gas well easement from construction of a septic system, care must be taken in locating the septic system on this Lot. The initial impact plan submitted in the application materials appears to address all of the environmental impacts of Section 27-6-40. E. Section 27-6-120.6.e-That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department has reviewed the proposal and has determined that the internal roads to the PUD shall be a two lane gravel road at each entrance to the PUD. Further, Weld County Roads 21 and 76.5 are designated as local roadways in the Weld County Comprehensive Transportation Plan. Local roadways require a minimum of sixty(60)feet of right-of-way. The developer shall dedicate thirty (30)feet of right-of-way for WCR 21 and WCR 76.5 to the County. F. Section 27-6-120.6.f-An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. Development Standards and Conditions of Approval ensure compliance with Chapter 24, Article VII, and Sections 24-9-10 and 24-9-20 of this Code. The Weld County Public Works Department and Department of Planning Services shall require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Coyote Run PUD and all on-site improvements. Resolution Z-567 Coyote Run Page 4 G. Section 27-6-120.6.g -That there has been compliance with the applicable requirements contained in Chapter 23 regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The Colorado Geological Survey, in their referral letter dated December 7, 2001, states that the concerns identified in the preliminary plan review specific to the suitability of development on "Tract A" due to wet conditions has been addressed. Based on the revised plat and the removal of this lot from consideration as a residential development area, the Colorado Geological Survey has no objection to the Change of Zone application. The Weld County Department of Public Works stated that the submitted drainage plan was acceptable, however, it does not bear the stamp of a professional engineer. A stamped copy of the drainage plan shall be submitted as outlined in the memorandum dated April 20, 2001. In the referral response dated December 3, 2001, the Weld County Building Inspection Department is requiring engineered foundations based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer for each structure. H. Section 27-6-120.6.h -Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district, as described previously. The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning Services' staff concurs with this request. This Approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from A (Agricultural)to PUD with Estate Zone District uses is conditional upon the following: 1. Prior to scheduling the Board of County Commissioners hearing: A. Section 22-5-100.B.1 of the Weld County Code states"new planned unit developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the properties mineral owners 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 owners. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Dept. of Planning Services) 2. Prior to recording the Change of Zone plat: A. The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld County Code. (Dept. of Planning Services) B. The applicant shall submit a proposed estimate for time of construction of the PUD. (Dept. of Planning Services) C. The applicant shall submit a additional information, as required, for the drainage report, signed by a Colorado licensed engineer, to the Department of Public Works for approval. The applicant shall supply the Department of Planning Services with written approval from the Department of Public Works. (Dept. of Planning Services, Dept. of Public Works) Resolution Z-567 Coyote Run Page 5 D. The applicant shall address the concerns of the Windsor-Severance Fire Protection District. Written evidence of a solution shall be provided to the Department of Planning Services. (Windsor-Severance Protection District) E. The applicant shall address the concerns of the Dow Law Firm, LLC, in a letter dated December 4, 2001 and incorporate remedies for these concerns. Written evidence of a solution shall be provided to the Department of Planning Services. (Dept. of Planning Services) F. The applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Dept. of Planning Services) 2. The plat shall be amended to include the following: A. The amended open space areas specific to the Eaton Canal as stated in a letter from the Dow Law Firm, LLC, dated December XX, 2001. B. Coyote Ridge Drive shall be modified to reflect the requirements of the Weld County Department of Public Works referral dated 1-7-2002. 3. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within thirty(30)days of approval by the Board of County Commissioners. (Dept. of Planning Services) 4. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: A. The site specific development plan is for a PUD Change of Zone from A(Agricultural)to PUD with Estate Zone District uses, except as follows, Section 23-3-440.B Maximum Lot size shall be 45 acres; Section 23-3-440.D - Minimum offset would be five (5)feet or one foot for each three (3)feet of building height, whichever is greater; Section 23-3- 440.H - Number of animal units is two (2) per acre. as indicated in the application materials on file in the Department of Planning Services and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. Noncompliance with any of the foregoing Conditions of Approval may be reason for revocation of the Permit by the Board of County Commissioners. B. Approval of this plan may create a vested property right pursuant to Article VIII, Section 23-8-50 of the Weld County Code. (Dept. of Planning Services) C. The applicant shall obtain water from North Weld County Water District. (Dept. of Public Health and Environment) D. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site specific conditions, including but not limited to maximum seasonal high groundwater, poor soils and shallow bedrock. (Dept. of Public Health and Environment) E. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Dept. of Public Health and Environment) Resolution Z-567 Coyote Run Page 6 /"• F. If land development creates more than a 25 acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice (A.P.E.N.), and apply for a permit from the Colorado Department of Public Health and Environment. (Dept. of Public Health and Environment) G. During the development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. (Dept. of Public Health and Environment) H. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. (Dept. of Public Health and Environment) A Home Owner's Association shall be established prior to the sale of any Lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Dept. of Planning Services) J. Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County Code shall be placed on any recorded Plat. (Dept. of Planning Services, Dept. of Public Health and Environment) K. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Dept. of Planning Services) L. All signs including entrance signs shall require building permits. Signs shall adhere to Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Dept. of Planning Services and Building Inspection) M. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan as been approved and recorded. (Dept. of Planning Services) N. Proper building permits shall be obtained prior to any construction, remodeling, demolition or excavation. (Dept. of Building Inspection) P. All foundations, structures and building systems are required to have engineered foundations shall be based on a site-specific geo-technical report performed by a Colorado licensed engineer. Any fill material shall contain no rock or similar irreducible material with a maximum dimension greater than twelve (12) inches. All fills shall be compacted to a minimum of ninety(90) percent of maximum density. Engineering reports shall be supplied for all fill material. (Dept. of Building Inspection) Q. All structures shall conform to the Section 29-2-20 of the Weld County Code, Article II (1997 Uniform Building Code), Section 29-2-30 of the Weld County Code, Article II (1998 International Mechanical Code), Section 29-2-40 of the Weld County Code, Article II (1999 Electrical Code), 29-2-50 of the Weld County Code, Article II (1997 International Plumbing Code)and Section 29-2-10 of the Weld County Code, Article II, Chapter 29 (current Weld County Building Ordinance). (Dept. of Building Inspection) R. All buildings or structures shall maintain distances from the property lines and adjacent structures as outlined in Section 29-3-160 of the Weld County Code. (Dept. of Building Inspection) Resolution Z-567 Coyote Run Page 7 S. Complete drawings shall be submitted for review by the Windsor-Severance Fire Protection District. (Dept. of Building Inspection) T. At the time an application is accepted for a building permit, a plan review will be done. A complete review of the building or structure by the Weld County Building Inspection Department or the Windsor-Severance Fire Protection District may reveal other building issues or areas needing attention. (Dept. of Building Inspection) U. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27,Article II and Article VIII, of the Weld County Code, or as approved through variance of the standards of Section 23-3-440 of the Weld County Code. (Dept. of Planning Services) V. Personnel from the Weld County Departments of Public Health and Environment, Public Works and Planning Services' 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. W. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within two (2)years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Dept. of Planning Services) X. The PUD Final Plan shall comply with all regulations and requirements of Section 27 of the Weld County Code with amendments. (Dept. of Planning Services) Z. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and Environment, Planning Services, and adopted Weld County Code and Policies. (Dept. of Planning Services) 5. At the time of Final Plan submission: A. The applicant shall submit final road layout and alignment plans with associated documents to the Department of Public Works for their review and approval. (Dept. of Public Works) B. The applicant shall submit an on-site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code. (Dept. of Planning Services) C. The applicant shall submit evidence to the Department of Planning Services that approval was received from the Department of Public Works of an Improvements "0--• Agreement Regarding Collateral for the Transportation portion of the PUD. (Departments of Public Works, Planning Services) D. The applicant shall submit a drainage report, signed by a Colorado licensed engineer, to the Department of Public Works for approval. The applicant shall supply the Department of Planning Services with written approval from the Department of Public Works. (Dept. of Public Works, Planning Services) Resolution Z-567 Coyote Run Page 8 E. Service Provision Impacts for ambulance shall be addressed as required by Section 27-6-50.B.4 of the Weld County Code. (Dept. of Planning Services) F. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100 (PUD) of the Weld County Code. (Dept. of Planning Services) G. The applicant shall submit a time frame for construction in accordance to Section 27-2- 200 of the Weld County Code. (Dept. of Planning Services) H. 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). (Dept. of Planning Services) 6. Prior to the release of any building permits: A. The applicant shall supply designated street and stop signs, as required by Weld County Public Works, at the appropriate locations. (Department of Public Works) Motion seconded by Stephan Mokra. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nicklas Cathy Clamp Stephan Mokray John Folsom Bruce Fitzgerald 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 January 15, 2002. Dated the 15th of January, 2002. ; 4Q. Lim Ct_a.rTh Voneen Macklin Secretary one wished to speak. Lauren Light stated that Development Standard #3 is specifically out of the Weld County Code under the definition of airstrip. Development Standard #7 with regards to the flying/training was not included in the referrals that were sent out. Ms. Light indicated that there could be some building code issues with the location of the fuel truck. Mr.Gimlin indicated that the truck is the size of a typical truck not a large fuel truck. Mr. Rhoads clarified that it is a 3/4 ton truck with a one hundred gallon tank on the back. Char Davis stated that Development Standard#15 is meant to deal with the possibility of generating waste. i.e.... changing oil, change fluids Mr. Rhoads indicated that they have no intentions of doing major maintenance. Cristie Nicklas asked Mr. Morrison about Development Standard #3 and the possibility of the addition of authorized user since this definition came directly out of the Weld County Code. Mr. Morrison stated that the confusion might come with the definition on private use from the County and the FAA. This would not apply to an emergency situation. The intent was for the owners use and not a broader usage. Mr. Miller wanted clarification with regard to the emergency uses. If law enforcement was needed it would be allowed, but not other intensive uses. Bryant Gimlin stated that since Development Standard#3 is in place there is no need for#4. Bryant Gimlin moved to delete Development Standard #4. Cristie Nicklas seconded. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Tim Rhoads needed clarification on#7. Mr. Miller provided that there will be no flight school or training. The applicant would like to see a change in the language, specifically the word routine maintenance to major maintenance. Routine maintenance will consist of greasing,changing airfilters,washing,cleaning. Ms.Davis stated that the concerns of the Health Department would be the waste. The concern of the applicant is to not have to fly the helicopter to do routine maintenance, that would not be cost effective. Cristie Nicklas moved to change the language in Development Standard#15 to read "with the exception to an emergency condition, no maintenance that generates hazardous waste of the aircraft shall be performed unless a waste management plan has been submitted and approved by the Department of Public Health and Environment." Stephan Mokray seconded. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Cristie Nicklas moved that Case USR-1364, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,no; Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes; Cathy Clamp,yes; Cristie Nicklas, yes; Bruce Fitzgerald, yes. Motion carried Mr. Folsom believes that this is incompatible with the surrounding area. -- CASE NUMBER: Z-567 APPLICANT: Peter Hyland (Coyote Run PUD) PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot C of RE-2759; being a part of the NW4 of Section 26, T7N, R67W of the 6th P.M., Weld County, Colorado. dissais REQUEST: A Change of Zone from A(Agriculture)to E (Estate)for a 5-Lot D. LOCATION: North of and adjacent to WCR 76.5 and east of and adjacent to WCR21. 0 Kim Ogle, Department of Planning Services presented Case Z-567, reading the recommendation and KU N comments into the record. The Department of Planning Services is recommending approval of the W ti seemed application along with the Conditions of Approval and Development Standards. Mr.Ogle indicated that Item I is to be deleted from staff comments. John Folsom asked about the viability of agricultural production and according to the USDA map it is �-. considered to be Prime Irrigated Land. The applicant will continue agricultural uses on a portion of the ground and also the land has been farmed. Mr. Ogle stated that the applicant agrees there is irrigation water on the site and it is prime farm ground but the configuration of the site limits the ability to have a viable farm operation, as the Eaton Canal bisects the ground. Mr. Folsom asked about bulk standards. Mr. Ogle stated that the applicant has proposed a modification of the bulk standards. There are three of them,which deviates from the standars and the PUD process allows for deviation from the standard. Stephan Mokray asked the concerns from the Town of Windsor with regard to the road,fire protection district. Mr. Ogle stated that the applicant has met with Mike Davis of the Windsor/Severance Fire Protection District and has agreed to the terms that were outlined in the first letter dated in April 12, 2001. Pete Hyland, stated there are three owners and two of the three will live at the location. Mr. Hyland further indicated that the Eaton Canal makes this parcel of property tough to farm. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Cristie Nicklas moved that Case Z-567, be forwarded to the Board of County Commissioners along with the amendments to the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes; Cristie Nicklas, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Meeting adjourned at 5:00pm Respectfully submitted COSI Voneen Macklin Secretary r Hello