HomeMy WebLinkAbout20053143.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
-Moved by Chad Auer, that the following resolution be introduced for passage by the Weld County Planning
ommission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-631
APPLICANT: Bryon Legg
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B AmRE-616 pt of W2SW4 of Section 22, T2N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: An amendment to a Site Specific Development Plan and a Special Review Permit
• for a kennel (250 dogs) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to Cr 18 and east of and adjacent to CR 31.
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 Planning Commission 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.D. 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. This
goal is intended to address conversion of agricultural land to nonurban uses. Once converted, this
land is less conducive to agricultural production." The area consists of approximately 23 acres and
already has an existing kennel on site (USR-631) comprised of existing buildings and
improvements making it impractical to farm the site.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.H of the Weld County Code provides for Kennels as a Use by
Special Review 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 area consists of kennels to the east and west of the site,
residential uses (Aristocrat Ranchettes) is located to the south of the site, and agricultural uses to
the north. One letter has been received from a surrounding property owner objecting to the addition
of kennels closer to their home. Conditions of Approval and Development Standards will ensure
that the use will be compatible with the surrounding area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site
is not located within an Intergovernmental Agreement Area. The site is located within three miles of
the City of Ft. Lupton. No referral has been received from the City of Ft. Lupton.
E. Section 23-2-220.A.5 --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)
F. Section 23-2-220.A.6 -- The site consists of approximately twenty three (23) acres and already has
existing kennel facilities on site and is not compatible for farming. The U.S.D.A. Soils Maps of
Prime Farmlands of Weld County indicate that the soils on this property as irrigated no
EXHIBIT
2005-3143 1 NC,J
Resolution AmUSR-631
Bryon Legg
Page 2 •
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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of Planning
Services. (Department of Planning Services)
B. The applicant shall submit a Landscaping and Screening Plan to the Department of Planning
Services for review and approval. (Department of Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services, from the Colorado
Division of Water Resources, demonstrating that the well is appropriately permitted for the
commercial use. (Department of Public Health and Environment)
2. Prior to recording the plat:
A. The applicant shall provide written evidence to the Department of Planning Services and the
Department of Public Health and Environment that the applicant has contacted the State of
Colorado, Division of Racing. This contact shall determine if a license is required. If required, the
applicant shall provide evidence the license has been applied for or submit evidence that a license
is not required. (Department of Planning Services)
B. The applicant shall submit a dust abatement plan for review and approval to the Environmental
Health Services, Weld County Department of Public Health & Environment. Evidence of approval
shall be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
C. The Environmental Health Services Division was unable to locate a septic permit for the septic
system serving the Dog Kennel. The septic system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a technical
review describing the systems ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be inadequately sized or constructed
the system shall be brought into compliance with current regulations. Evidence of approval shall be
submitted to the Department of Planning Services. (Department of Public Health and Environment)
D. The septic system serving the residence shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review describing
the systems ability to handle the proposed hydraulic load (original use and addition of three
helpers). The review shall be submitted to the Environmental Health services Division of the Weld
County Department of Public Health and Environment. In the even the system is found to be
inadequately sized or constructed the system shall be brought into compliance with current
regulations. Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
E. A stormwater discharge permit may be required for a development / redevelopment / construction
site where contiguous or non-contiguous land disturbance is greater than or equal to one acre in
area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado
Department of Public Health and Environment at www.cdphe.state.co.us/wo/PermitsUnit if they are
required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence
Resolution AmUSR-631
Bryon Legg
Page 3
from WQCD that they are not subject to these requirements. Evidence of approval from the
Department of Public Health and Environment shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
F. 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
approval from the Department of Public Health and Environment shall be provided 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)
G. The application materials do not address property maintenance. The applicant shall submit written
evidence to the Department of Planning Services how the property will be in compliance with
Section 23-2-250.F of the Weld Count Code. (Department of Planning Services)
H. The plat shall be amended to delineate the following:
1. All sheets of the plats shall be labeled AMUSR-631 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. An exception to this requirement is the scale of the proposal. The drawing shall be
drawn to a scale of one inch equals twenty feet (1" = 20'). (Department of Planning
Services)
4. All exterior light standards shall be delineated on the Site Plan Review Plat and be in
compliance with Section 23-2-250.B.6 of the Weld County Code. (Department of Planning
Services)
5. The application materials do not identify the location of the dumpster on the plat. The plat
shall delineate the screened enclosure as outlined in Section 23-3-250.A.6 of the Weld
County Code. (Department of Planning Services)
6. County Roads 18 and 31 are designated on the Weld County Classification Plan as a
collector status road, which requires an 80-foot right-of-way at full build out. There is
presently 60-foot right-of-way. A total of 40 feet from the centerline of County Roads 18
and 31 shall be delineated as future right-of-way on the plat. This road is maintained by
Weld County. (Department of Public Works)
7. The site currently has two access points. The southern access shall either be closed
permanently or shall be reconfigured at a 90 degree and at a minimum of 150 feet from the
intersection of any County or State road for commercial-type uses. (Department of Public
Works)
8. All approved accesses shall be clearly shown on the plat. (Department of Public Works)
9. The off-street parking including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
10. The approved Landscaping and Screening Plan shall be delineated on the plat.
(Department of Planning Services)
Resolution AmUSR-631
Bryon Legg
Page 4
I. 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)
J. The applicant shall complete all proposed improvement including those regarding landscaping,
screening, access improvements and parking lot requirements or enter into an Improvements
Agreement according to policy regarding collateral for improvements and post adequate collateral for
all required materials. 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. (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. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a
$50.00 recording continuance charge shall added for each additional 3 month period.
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use
by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maos{a�co.weld.co.us. (Department of Planning Services)
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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bryon Legg
AMUSR-631
1. The Site Specific Development Plan and a Special Review Permit for a Kennel (200 greyhounds) in the A
(Agricultural) Zone District, as indicated in the application materials on file and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department
of Planning Services)
4. The kennel and all of its associated uses shall be located entirely within the Use By Special Review
boundary. (Department of Planning Services)
5. The site shall be limited to family members only as outlined in the application materials. (Department of
Planning Services)
6. This application shall be in compliance with Section 23-3-250 A. and B of the Weld County Code.
(Department of Planning Services)
7. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin
infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be removed at least
weekly from the facility and disposed by a commercial hauler. (Department of Public Health and
Environment)
All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public
Health and Environment)
11. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public
Health and Environment)
12. The operation shall comply with all applicable rules and regulations of the Colorado Department of
Agriculture (CDA), Division of Animal Industry. (Department of Public Health and Environment)
13. 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)
14. 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)
- 15. Adequate toilet and handwashing facilities shall be provided for family volunteers and patrons of the facility.
(Department of Public Health and Environment)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
Resolution AmUSR-631
Bryon Legg
Page 2
.17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
18. 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)
19. 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)
20. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
21. The off-street parking including the access drive shall be surfaced with gravel or the equivalent and shall be
graded to prevent drainage problems. (Department of Public Works)
22. 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 stormwater capture/quantity and provide
accordingly for best management practices. (Department of Public Works)
23. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning Services)
r1. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-
2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of Section
23-2-250, Weld County Code.
26. 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.
27. 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.
28. 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 James Rohn
Resolution AmUSR-631
Bryon Legg
Page 3
,.,TOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Tom Holton
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 July 19, 2005.
Dated the 19th of July, 2005.
*\)u� � 'rte
Voneen Macklin
Secretary
- f9-Zc1OS
The site is currently in violation (VI-0500127). If this Use by Special Review application is approved, the
property will be in compliance. If denied,all commercial equipment and activities shall be removed from the
property. Otherwise, the violation case will proceed accordingly.
Surrounding properties are agricultural in nature. Conditions of Approval and Development Standards will
mitigate negative impacts on surrounding homes. One surrounding property owner has called expressing
concerns regarding the hay rides not being conducted on the site and the lagoon on site.
Development standard#11 states no uses outlined in the application material shall be conducted outside
of this Use by Special Review boundary.
Condition 1.c requires the applicant to submit a landscaping and screening plan. Staff will request that the
applicant supply adequate screening and signage around the lagoon to prevent accidents.
Fourteen referral agencies reviewed this case. Twelve responded favorably or included conditions that
have been addressed through development standards and conditions of approval. No comments were
received from the Towns of Firestone and Platteville.
The Weld County Department of Planning Services Staff is recommending approval of USR-1513 with the
proposed Development Standards and Conditions of Approval.
Staff would like to make one correction to the development standards and recommend that number 32,
page 10 be removed as number 26 of the development standards already addresses the issues of septic
systems on site.
Bryant Gimlin inquired about permanent restroom facilities versus temporary facilities and whether the
applicants are still within the number of operating days allowing use of temporary facilities? Char Davis,
Department of Environmental Health replied that they are, due to changes made in the number of days of
operation and that temporary facilities are acceptable.
Joe Miller, applicant, 13912 CR 119, Platteville, CO. He said he has lived his whole life here and this is
his livelihood. He has changed the number of days of operation in order to comply with the six month time
frame allowing temporary restroom facilities. Hours of operation were changed to accommodate night
time loading of trucks.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Roger Smith, 12506 CR 19, Mr. Miller's neighbor, said the Miller's run a good operation, the kids have a
good time, it's a positive experience for parents and kids, and the only noise he has heard are the squeals
of delight from the children.
The chair closed the public portion of the hearing.
James Rohn said he was concerned due to the increased traffic on HWY 66 and the safety and welfare of
the county citizens in accessing this property. John Folsom expressed his support for Mr. Rohn's
concerns. Bryant Gimlin said his biggest concern is for the volume of activity placed on the temporary
restroom facilities and would encourage the applicants to construct permanent facilities as funds allow.
James Rohn questioned whether they needed to address the amendments. Ms. Hatch said they were all
addressed in the staff comments.
James Rohn moved to delete development standard 32. Seconded by Tom Holton. Motion carried.
James Rohn moved that Case USR-1513,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards as amended with the Planning Commission's
recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Bryant Gimlin, yes; James Rohn, yes; Tom Holton, yes; Chad Auer, yes. Motion carried
unanimously. EXHIBIT
CASE NUMBER: AmUSR-631 I
APPLICANT: Bryon Legg
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B AmRE-616 pt of W2SW4 of Section 22, T2N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: An amendment to a Site Specific Development Plan and a Special
Review Permit for a kennel (250 dogs) in the A(Agricultural)Zone
District.
LOCATION: North of and adjacent to CR 18 and east of and adjacent to CR 31.
Jacqueline Hatch, Department of Planning Services. Bryon Legg has applied for a Site Specific
Development Plan and a Special Review Permit for a Kennel (250 greyhounds) in the A(Agricultural)Zone District.
The sign announcing the planning commission hearing was posted on July 6, 2005 by staff. The site is located
north of and adjacent to CR 18 and east of and adjacent to CR 31.
USR-631 was originally approved by the Board of County Commissioners on June 24, 1987 to Philip Breedlove for
Adolph and Betty Anderson. Development standard #10 stated that the Use by Special Review permit shall not be
transferable by the applicant and/or owner to any successors; the use by special review permit shall terminate
automatically upon conveyance or lease of the property with others for operation of the facility.
A letter was sent to Bryon Legg on March 3, 2005 giving notice of a probable cause hearing before the Board of
County Commissioners because the site was not in compliance with the original permit. Bryon Legg then submitted
this amendment to USR-631 to continue the use on the property and allow for the permit to be transferable.
The surrounding area consists of kennels to the east and west of the site. Residential uses (Aristocrat Ranchettes)
are located to the south of the site and agricultural uses to the north. One letter has been received from a surrounding
property owner objecting to the addition of kennels closer to their home. Conditions of Approval and Development
Standards will ensure that the use will be compatible with the surrounding area.
Eight referral agencies reviewed this case: three referral agencies had no comments; three referral agencies included
conditions that have been addressed through the development standards and conditions of approval; no comments
were
received from the City of Fort Lupton and the United.States Department of Agriculture—Animal and Plant Health
Inspection Services.
The referral from the Colorado Department of Agriculture-Animal Industry Division (PACFA) states that greyhound
facilities are regulated by the Division of Racing and that they are exempt from PACFA licensure.
Condition 2.a requires the applicant to provide written evidence to both the Department of Planning Services and the
Department of Public Health and Environment that the applicant has contacted the State of Colorado, Division of
Racing. This contact shall determine if a license is required. If required, the applicant shall provide evidence the
license has been applied for or submit evidence that a license is not required.
The Weld County Department of Planning Services has determined that the special use permit, conditions of
approval and development standards will make the proposal consistent with the Weld County Code and ensure
that there are adequate provisions for the protection of health, safety and welfare of the inhabitants of the county.
James Rohn asked about number of dogs for this USR compared to the original request. Ms. Hatch
replied that both were for 250 dogs, so nothing has changed. John Folsom inquired about the mitigation
of moving the kennels closer to the objecting neighbor's property line. Ms. Hatch responded that these
are existing kennels and that no new kennels are to be added.
Gaylynn Breedlove, sister and representative of the applicant Bryon Legg, 15027 CR 18, Fort Lupton, CO.
We are not required to have a license from the Racing Commission. The Racing Commission signed off
and I provided a letter. Fort Lupton had no concerns at their meeting. We are not asking for any
changes. It has been a family run business for the past 20 years and we want it to continue in the family.
Do we have to ask for a zoning change every time a family member wishes to participate?
Bryant Gimlin asked Ms. Hatch about the transfer of this kennel and whether they had to come in and
amend the application every time. Ms. Hatch replied that it is transferable since there is no development
standard stating that it is not transferable.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton inquired if the possibility exists to make the kennel transferable to the family only. Bryant
Gimlin consulted with Lee Morrison, County Attorney, and the response was yes. Mr. Gimlin also
suggested to Mr. Holton that he could compose some language regarding this issue and he would
entertain a motion. James Rohn expressed his concern regarding the number of dog kennels the
Planning Commission has approved during his tenure, but as it is a name change only, the operation
seems to be okay.
Bryant Gimlin said that the kennel in existence does presently allow for more dogs but it is also now
operating on a larger parcel of land.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Chad Auer moved that Case AmUSR-631,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes;
Bryant Gimlin, yes; James Rohn, yes; Tom Holton,yes; Chad Auer, yes. Motion carried unanimously.
CASE NUMBER: PZ-1075
APPLICANT: Thomas Bennett
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3914 & Lot B of RE-3915; part of the SE4 of Section 26,
T2N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: A change of zone from A(Agriculture)to PUD for a cluster PUD for seven
(7)residential lots for E (Estate)uses along with 96 acres of common
open space.
LOCATION: West of and adjacent to CR 23 and % mile south of CR 18.
Chris Gathman, Department of Planning Services. This application is for a change of zone from
Agriculture to PUD for seven (7) residential lots with (Estate) uses along with 96 acres of open space on
140 acres. If approved, the proposed PUD would be served using individual wells, and sewer service
would be provided by individual septic systems. This is a cluster PUD. Under a cluster PUD, the open
space area will be required to remain restricted from residential development for a period of forty years.
The application indicates that this site will be used trail riding and a passing view corridor and also is
capable of being used for ranching operations.
The site is located on Lot B of RE-3914 & Lot B of RE-3915; part of the SE4 of Section 26, T2N, R67W,
Weld County. It is west of and adjacent to CR 23 and 1/2 mile south of CR 18.
Fifteen (15) referral agencies reviewed this case and thirteen (13)offered comments on this application.
This subdivision is defined as a non-urban scale development because it is not located within close
proximity of existing subdivisions and PUDs. It is not located within an urban growth boundary nor
Intergovernmental Agreement area, nor it is adjacent to a town boundary. The nearest subdivision is
located over 1/4 mile south of the site (which is the close proximity standard that staff has used to
determine urban scale).
The applicant has an existing stone sign on the property which has no record of a building permit. A
building permit shall be required. The sign may also need to be relocated because it appears to be
encroaching on the neighboring property line.
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