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HomeMy WebLinkAbout20053520.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS 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: PZ-1048 APPLICANT: Weld 45 Acres LLC PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot B of RE-2812; part of the S2 NW4 of Section 2, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from (A)Agricultural to PUD (Moorea Manor North)for eight (8) lots with (E) Estate Uses (36.4 acres)and one (1) non-residential outlot(6.8 acres)for open space. LOCATION: West of and adjacent to CR 21-1/2 and approximately': mile south of CR 26. 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 27-5-30 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 the Weld County 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.C (A. Goal 3) — Provide mechanism for the division of land which is agriculturally zoned. Options for division shall be provided to ensure the continuation of agricultural production and accommodate low intensity development. Urban-scale residential, commercial and industrial development will be discouraged in areas where adequate services and infrastructure are not currently available or reasonably obtainable. The applicant is proposing an urban scale residential development of 8 lots with estate uses on 45 acres. Section 27-2-140 of the Weld County Code states that a nonurban scale development are developments comprised of nine or fewer residential lots, located in a nonurban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUD's, subdivisions, municipal boundaries or urban growth corridors. The minimum lot size is 4.110 acres with an overall density of one septic system per 5.6 acres does meet the current Department of Public Health's policy. 2. Section 22-2-60.C (A. Goal 3) — Conversion of agricultural land to urban scale residential, commercial, and industrial uses will be considered when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, 1-25 Mixed Use Development area or urban development nodes, or where adequate services are currently available or reasonably obtainable. The site is not EXHIBIT 2005-3520 �t +1O,48 Resolution PZ-1048 Weld 45 Acres LLC Page 2 located with an intergovernmental agreement area, an urban growth boundary area, the 1-25 Mixed Use Development area or an urban development node. The site is located within three miles of the Towns of Platteville, Firestone and Frederick. The proposed PUD will be serviced by Central Weld County Water District for potable water and fire protection requirements. Individual sewage disposal systems (I.S.D.S.) will handle the effluent flow. The surrounding property is primarily agricultural in nature to the west, north and east. Moorea Manor subdivision recorded June 26, 2003 is located directly to the south of the site. Moorea Manor North and Moorea Manor are proposing to utilize the same access, Harpenden Lane. The majority of the property is level and consists of long grass. 3. Section 22-2-210.D.2 (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. Some Planned Unit Developments may not require common open space depending on their type, density, or other factors. The proposal includes 6.8 acres of open space that is located in the area of the oil and gas operation on site. A trail system approximately 40' wide runs the perimeter of the subdivision. 4. Section 22-2-210.D. 3. (PUD.Policy 4.3.) — Conservation of natural site features such as topography, vegetation and water courses should be considered in the project design. The site is primarily level with the Lupton Bottom Ditch running north-south towards the west side of the lot. 5. Section 22-2-210.F. 1. (PUD.Policy 6.1.) -- The development should provide for perpetual maintenance of all commonly shared land and facilities. The County should not bear the expense or responsibility of maintenance for any commonly shared land or facilities within the Planned Unit Development. Conditions of Approval and Development Standards ensure that any future work required to maintain the open space and trail system shall be at the expense of the Homeowners Association. 6. 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 by Central Weld County Water District for potable water and fire protection requirements. Individual sewage disposal systems will handle the effluent flow. B. Section 27-6-120.6.6 - 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 the Weld County Code. Section 27-2-20, Access standards — The applicant is proposing to utilize the existing access, Harpenden Lane for Moorea Manor. The applicant is proposing to pave Harpenden Lane and Harpenden Court. Resolution PZ-1048 Weld 45 Acres LLC Page 3 Section 27-2-40, Bulk requirements—The applicant has chosen to adhere to the bulk requirements of the E (Estate)Zone District. The applicant has met the remaining performance standards as delineated in Section 27- 2-10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-220 of the Weld County Code. 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 the Weld County Code or master plans of affected municipalities. The proposed site is not located within an inter-governmental agreement area. The proposed site is located within the three mile referral areas for the Towns of Firestone, Frederick and Platteville. No referrals were received from the Towns of Firestone, Frederick, and Platteville. 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 the Weld County Code. The proposed PUD will be serviced by Central Weld County Water District for potable water and fire protection requirements. Individual sewage disposal systems will handle the effluent flow. The Weld County Attorney's Office has indicated that the agreements submitted by the applicant are adequate for the Change of Zone. The Weld County Department of Public Health and Environment has indicated in a referral response dated September 28, 2004 that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. 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 responded to the referral at this time and have not required any off site improvements. 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. The 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 Moorea Manor North PUD and all on-site improvements. The Weld County Public Works Department has reviewed the proposal and has determined that the internal road right-of-way shall be sixty (60) feet in width including cul-de-sacs with a sixty-five (65) foot radius, and dedicated to the public. The typical roadway section of the interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat. The cul-de-sac edge of roadway radius shall be fifty (50)feet. Stop signs and street names will be required at all intersections. G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The site does not lie within any overlay districts and no commercial mineral Resolution PZ-1048 Weld 45 Acres LLC Page 4 deposits have been noted. The Weld County Department of Public Works stated in their referral dated September 20, 2004 that the final drainage report shall be by a professional engineer licensed in the State of Colorado and include all the required items outlined in the Public Works referral. 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 for eight (8) lots with Estate Zone Uses and open space is conditional upon the following: 1. Prior to scheduling the Board of County Commissioners hearing: A. The applicant shall provide evidence of a signed crossing agreement with the Lupton Bottom Ditch to the Department of Planning Services. (Department of Planning Services) B. The applicant shall provide information to the Department of Planning Services regarding the proposed trail system, landscaping and signage on site including maintenance and material types. (Department of Planning Services) C. The applicant shall submit to the Weld County Department of Planning Services a signed copy of an agreement with the properties mineral owners which stipulates that oil and gas activities have been adequately incorporated into the design of the site and that mineral owners concerns have been mitigated or the applicant shall submit evidence that the mineral owners concerns have been addressed. (Department of Planning Services) 2. Prior to recording the Change of Zone plat: A. The applicant shall address the requirements (concerns) of Department of Public Works, as stated in the referral response dated September 20, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall be required to submit a re-vegetation plan of all disturbed areas disturbed areas during construction. The plan shall include information regarding plant type, installation methods and maintenance. (Department of Planning Services) C. The applicant shall provide written evidence to the Department of Planning Services from the school district and post office that the proposed mailbox location and bus shelter meets their design standards and delivery requirements. Further, evidence shall be provided that the facility meets the intent of the Americans with Disabilities Act (ADA) for access. (Department of Planning Services) Resolution PZ-1048 Weld 45 Acres LLC Page 5 D. The applicant shall provide to the Department of Planning Services additional detail to the relationship of the bus pull-out, mail box location and point of ingress and egress for the development. (Department of Planning Services) E. The applicant shall provide the Department of Planning Services with a sign plan that conforms with Section 23-4-80.A of the Weld County Code. (Department of Planning Services) F. The applicant shall provide to the Department of Planning Services additional information pertaining to the entry sign and plant materials, including common, botanical and species names, size at installation and any additional information deemed necessary by Landscape Architect, if any. (Department of Planning Services) G. The applicant shall address the issue of the turf/ native and seed grasses in all open space areas. (Department of Planning Services) H. The applicant shall address the requirements (concerns) of Weld County Department of Planning Services, as stated in the referral response dated August 19, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements (concerns) of the Platteville/Gilcrest Fire Protection District, as stated in the referral response dated August 24, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) J. The applicant shall address the requirements (concerns) of the Town of Platteville, as stated in the referral response dated September 27, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) K. The applicant shall provide written evidence that Moorea Manor North can utilize the existing access with Moorea Manor. (Department of Planning Service) L. The plat shall be amended to include the following: 1. All sheets of the plat shall be labeled PZ-1048. (Department of Planning Services) 2. The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat. The vicinity map shall be delineated at a scale of 1"=2000' and the Site Plan shall be delineated at a scale of 1"=100' or 1"=200'. (Department of Planning Services) 3. All references to "track A" shall be deleted from the Plat and referred to as open space. (Department of Planning Services) 4. The applicant shall provide an Open Space / Landscape Plan per Section 24-3- 50.G of the Weld County Code. (Depart of Planning Services) Resolution PZ-1048 Weld 45 Acres LLC Page 6 5. The applicant shall delineate a Landscape legend and provide additional information regarding the proposed plant material species. At a minimum, the applicant shall identify existing on-site plant material delineated with a single dot in the center of the circle and proposed additional plant material with a "+" in the middle of each circle. (Department of Planning Services) 6. Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less then 3 % feet in height a maturity. (Department of Public Works) 7. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setbacks, including the 100 foot setback to any ditch. (Department of Public Health and Environment) 8. County Road 21.5 is designated on the Weld County Road Classification Plan as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of County Road 21.5 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 20.5. This road is maintained by Weld County. (Department of Public Works) 3.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 Change of Zone from Agricultural Zone district to PUD (Moorea Manor North) for eight (8) lots with (E) Estate zone district uses and open space on 45 acres 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. (Department of Planning Services) B. Water service shall be obtained from the Central Weld County Water District. (Department of Public Health and Environment) C. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) D. If required, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) E. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) Resolution PZ-1048 Weld 45 Acres LLC Page 7 F. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) G. If land development creates more than a 25 acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) H. The Home Owners Association shall be responsible for replacing all dead or dying plant material in the open space areas. (Department of Planning Services) Weld County's Right to Farm statement, Appendix 22-E and as delineated on this plat shall be recognized at all times. (Department of Planning Services & Department of Public Health and Environment) J. 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. (Department of Planning Services) K. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) L. Building permits shall be obtained prior to the construction of any building or structure. Building permits are also required for signs and structures, such as, bus shelters if provided. (Department of Building Inspection) M. Activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the primary and secondary septic absorption field site. (Department of Public Health and Environment) N. A plan review is required for each building. 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. (Department of Building Inspection) O. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Building Code, 2003 International Residential Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) P. 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. (Department of Building Inspection) Q. Building height, wall and opening protection and separation of buildings with mixed uses shall be in accordance with the Building and /or Residential Code in Resolution PZ-1048 Weld 45 Acres LLC Page 8 effect at the time of permit application. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) R. Building height shall be measured in accordance with the applicable 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. Off-set and setback requirements are measured to the farthest projection from the building. (Depart of Building Inspection) S. 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. (Department of Planning Services) T. 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. (Department of Planning Services) U. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) V. A Home Owner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities along with the enforcement of covenants. (Department of Planning Services) W. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) X. 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 three (3) 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. (Department of Planning Services) Resolution PZ-1048 Weld 45 Acres LLC Page 9 Y. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 4. 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. With the Change of Zone plat map, 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). (Department of Planning Services) 5. At the time of Final Plan application submission: A. Easements shall be shown in accordance with County standards and/or Utility Board recommendations, and dimensioned on the final plat. (Department of Planning Services) B. The applicant shall submit an on-site (private) Improvements Agreement with the final plat application that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code. (Department of Planning Services) C. The applicant shall submit a final Landscape Plan which addresses all issues listed on the memorandum dated August 19, 2004 from Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall provide written documentation to the Department of Planning Services that the bus pullout area satisfies Public Works, the School District and the County Sheriffs. The right-of-way will be dedicated on the Final Plat. (Departments of Planning Services) E. Evidence shall be provided to Weld County Department of Planning Services from the applicable Post Office stating that the proposed mailbox location meets their design standards and delivery requirements. Should a single pedestal mail box not be the preferred standard, written evidence from the applicable Post Office shall be provided stating the contrary. (Department of Planning Services) F. Additional information shall be submitted regarding the Bus Shelter. The information shall include setbacks, road right-of-way encroachment, type of construction and foundation. (Department 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. (Department of Planning Services) H. Upon approval of an access location the applicant shall submit a request to a Weld County Building Technician for parcel addresses. The subdivision street name and lot addresses shall be submitted to the Platteville/Gilcrest Fire Protection District, the Weld County Sheriff's Office, Ambulance provider, and the Post Office for review. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) Resolution PZ-1048 Weld 45 Acres LLC Page 10 I. The applicant shall provide to the Department of Planning Services evidence of the non-potable water source and delivery for irrigation for proposed plant materials, if any. The water source shall be deeded to the Homeowners Association. (Department of Planning Services) J. The applicant provide written evidence from all applicable service agencies shall be submitted to the Department of Planning Services that the proposed name is in compliance with their identification/naming protocol. (Department of Planning Services) K. The applicant shall submit covenants for Moorea Manor North PUD. The covenants shall be approved by the Weld County Attorney's Office prior to recording the final plat. (Departments of Public Health and Environment and Planning Services) L. Finalized covenants and the appropriate recording fee (currently $6 per page) shall be submitted to the Weld County Department of Planning Services. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Departments of Public Health and Environment and Planning Services) M. The applicant shall provide the Department of Public Works with a pavement design prepared by a professional engineer. (Department of Public Works) N. Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less then 3 % feet in height a maturity. (Department of Public Works) O. Stop signs and street name sign locations must be shown on the final roadway construction plans. (Department of Public Works) P. The applicant shall submit to Public Works a stamped, signed and dated final plat drawings and roadway / construction and grading plan drawings for review. Construction details must be included. The applicant shall prepare a construction detail for typical lot grading with respect to drainage. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage from rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. (Department of Public Works) Q. The applicant shall submit to the Department of Public Works a final drainage report to Public Works stamped, signed and dated by a professional engineer licensed in the State of Colorado. The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. (Department of Public Works) R. The applicant shall submit to the Department of Public Works a final drainage construction and erosion control plans (conforming with the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado. (Department of Public Works) Resolution PZ-1048 Weld 45 Acres LLC Page 11 S. The applicant shall address groundwater issues in relationship to the Lupton Bottom Ditch, as seepage may be a contributing factor to development. (Department of Public Works) T. 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 construction: A. Stop signs and street name signs will be required at all intersections. (Departments of Planning Services and Public Works) Motion seconded by VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Bruce Fitzgerald James Rohn Tonya Strobel Chad Auer Doug Ochsner James Welch 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 October, 2004. Dated the 19th of October, 2004. Voneen Macklin Secretary area. The church use is consistent with the area and will be quiet. There is an active construction and cabinets business in the rear. The area has become more commercial rather than agricultural. The Chair closed the public portion. James Rohn moved to accept staff recommendations. Bryant Gimlin seconded. Motion carried. Tonya Strobel moved to amend Development Standard#26 to indicate"all events." Bryant Gimlin seconded. Motion carried. James Rohn moved to delete Development Standard#4 &9. Bruce Fitzgerald seconded. Motion carried. Tonya Strobel moved that Case USR-1487, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval. Bruce Fitzgerald seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. James Welch, yes; Michael Miller, yes; Bryant Gimlin,yes; James Rohn, yes; Tonya Strobel,yes; Bruce Fitzgerald, yes. Motion carried unanimously. — CASE NUMBER: PZ-1048 APPLICANT: Weld 45 Acres LLC PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot B of RE-2812; part of the S2 NW4 of Section 2, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from(A)Agricultural to PUD(Moorea Manor North)for eight (8)lots with (E)Estate Uses (36.4 acres)and one (1) non-residential outlot (6.8 acres)for open space. LOCATION: West of and adjacent to CR 21-1/2 and approximately'/ mile south of CR 26. Jacqueline Hatch, Department of Planning Services presented Case PZ-1048,reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions. Staff recommends the following changes: 1.C be added and 2.CC be changed to indicate three years instead of two years. James Rohn asked about non potable water and is there water for the open space. Ms. Hatch stated that#5.1 at the time of final plan the applicant shall provide evidence of the non potable water source for the open space. The Road Impact Fee will be also be noted at the time of final. Jeff Couch, representative, provided clarification on the project. There will be one change to the entry way, the access will have a turn around at the front of the subdivision due to the school district requirements. This will also provide for a mailbox location and an identification sign. There are 17 % shares of the Coal Ridge Ditch, this water will be dedicated to the HOA for the open space and common area irrigation. There is a historical irrigation patterns that is being left alone. The existing road is gravel,the water line,telephone,and gas is existing in the roadway. The impact will be minimal. The Chair asked if there was anyone in the audience who wished to speak for or against this application Stephen McGlofflin, representative for Encana Energy, would not object to this application if there was a surface agreement. A surface use agreement can be put together very quickly. The Chair closed the public portion. Tonya Strobel moved to accept staff conditions. James Rohn seconded. Motion carried. r" Bruce Fitzgerald moved that Case PZ-1048, be forwarded to the Board of County Commissioners along with m the Conditions of Approval and Development Standards with the Planning Commissions recommendation of = c approval. James Rohn seconded the motion. „_ The Chair asked the secretary to poll the members of the Planning Commission for their decision. James Welch, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn,yes; Tonya Strobel, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Meeting adjourned at 3:30pm R spectfully submitted Voneen Macklin Secretary Hello