HomeMy WebLinkAbout20053506.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller, 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: MZ-1081
APPLICANT: Gold Stone Center, LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: N2NW4 of Section 16, T8N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A minor subdivision change of zone from A (Agriculture)
to E (Estate)for nine (9) single family residential lots.
LOCATION: East of and adjacent to CR 29 and 1 3/4 miles north of CR 90.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code as
follows:
A. Section 23-2-30.A.1. The proposal is consistent with Chapter 22 of the Weld County
Code.
Section 22-2-60. G.1.A.Policy 7.1 states 'Weld County recognizes the Right to Farm". In
order to validate this recognition, Weld County's Right to Farm statement shall appear on
all recorded plats.
Section 22-2-60.C. A.Goal.3 discourages urban-scale residential development which is
not located adjacent to existing incorporated municipalities. The proposed minor
subdivision does not propose an urban scale development as defined by the Weld
County Code and it is not located adjacent to existing incorporated municipalities,
subdivision or unincorporated town sites.
B. Section 23-2-30.A.2. states "That the uses which would be allowed on the subject
property by granting the Change of Zone will be compatible with the surrounding land
uses." The proposed site does not lie within the Urban Growth Boundary or
Intergovernmental Agreement area for any municipality. The subject property lies within
the three-mile referral area of the Towns of Nunn and Pierce. The Town of Pierce in their
referral dated July 26, 2005 indicated concerns with access to lots 5 and 6 crossing
Spring Creek and damming Spring Creek, which runs through the Town of Pierce. No
referral response has been received from the Town of Nunn.
C. Section 23-2-30.A.3. states "That adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone district." The
applicant has a Water Service Agreement with the North Weld County Water District for
the nine (9) lots. The agreement has been approved by the Weld County Attorney's
Office.
The Weld County Department of Public Health and Environment has reviewed the
proposal and has indicated the applicant has satisfied Chapter 24 of the Weld County
Code in regard to water and sewer service. Sewer will be provided by Individual Sewage
Disposal Systems (ISDS) and the overall density meets the current Health Department
policy with one septic system per 3.9 acres. Portions of Lots 4, 5, 6 and 7 are located
within the 100 year floodplain. The Department of Public Health and Environment is
recommending either the applicant place primary and secondary septic envelopes
outside of the boundary of the 100 year flood plain. Language for the preservation and/or
protection of the second absorption field envelope shall be placed in the development
EXHIBIT
I -8 2005-3506
Resolution MZ-1081
Gold Stone
Page 2
covenants. The covenants should state that activities such as landscaping (i.e. planting
of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities
are expressively prohibited in the designated absorption field envelopes.
D. Section 23-2-30.A.4 states "Street or highway facilities providing access to the property
are adequate in size to meet the requirements of the proposed zone district." County
Road 29 is classified as a local gravel road and requires a minimum 60-foot right-of-way.
The right-of-way shall be verified and shown on the final plat. If the right-of-way cannot
be documented, it shall be dedicated on the final plat. The Department of Public Works
indicated in their referral dated July 29, 2005 that no dust mitigation and no off-site
improvements to County Road 29 will be required.
E. Section 23-2-30.A.5. states "That, in those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated compliance with
the applicable standards:"
1) The proposed Change of Zone does lies within the 100-year floodplain (Spring
Creek). Building Permits issued on the Lot will be required to adhere to the fee
structure of County Wide Road Impact Program (Ordinance 2002-11) and Capital
Expansion Fee Program (Ordinance 2005-7).
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 Change of Zone from the A(Agricultural)Zone District to E (Estate)Zone District for nine (9)
Residential Lots is conditional upon the following:
1. Prior to Scheduling the Board of County Commissioners Hearing:
A. The applicant shall provide information to the Division of Water Resources regarding if
well permit No. 254251 will be used to supply water to any of the lots in the subdivision.
Per the Division of Water Resources referral response dated July 28, 2005, the Division
of Water Resources cannot comment on the potential for injury to existing water rights
until this information is provided. Written evidence from the Division of Water Resources
regarding potential injury to water rights in regards to this subdivision shall be submitted
to the Department of Planning Services. (Division of Water Resources)
2. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MZ-1081. (Department of Planning
Services)
2) All proposed lot lines and lots shall be removed from the plat. (Department of
Planning Services)
3) The internal road shall be removed from the plat. (Department of Planning
Services)
4) All non-recorded easements shall be removed from the plat. (Department of
Planning Services)
Resolution MZ-1081
Gold Stone
Page 3
5) The Weld County's Right to Farm statement, Appendix 22-E shall be placed on
the plat. (Department of Planning Services)
6) General Note #5 on the Change of Zone plat must be reworded to exclude any
inferred or implied language that septic systems can be installed in Flood Zone A
at any time. (Department of Public Health and Environment)
B. The applicant shall attempt to address the requirements (concerns) of the Town of
Pierce, as stated in the referral response dated July 26, 2005. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
C. The applicant shall address the requirements (concerns) of the Weld County Department
of Public Health and Environment, received August 5, 2005. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
D. 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)
3. The Change of Zone is conditional upon the following and each shall be placed on the Change of
Zone plat as notes:
A. The Change of Zone shall comply with the Estate Zone District requirements as set forth
in Section 23 of the Weld County Code. The Minor Subdivision shall consist of Nine (9)
residential lots and One (1) 0.9 acre outlot to be used for a lift station for the North Weld
County Water District. The outlot shall be non-buildable for residential purposes.
(Department of Planning Services)
B. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
C. This subdivision is in rural Weld County 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. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e.
auxiliary structures, dirt mounds, etc.) are expressly prohibited in the designated
absorption field site. (Department of Public Health and Environment)
E. A stormwater discharge permit shall be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Resolution MZ-1081
Gold Stone
Page 4
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
F. 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)
G. 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)
H. 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 notice, and apply for a permit from the Colorado Department of Public
Health and Environment (Department of Public Health of Environment)
'Weld County's Right to Farm" as provided on this plat shall be recognized at all times.
(Department of Public Health and Environment)
J. The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
K. 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)
L. Building permits shall be obtained prior to the construction of any building. Building
permits are required for the principle dwelling and for buildings accessory to the principle
dwelling. (Building Inspection)
M. A plan review is required for each building. Two complete sets of plans are required when
applying for each permit. Each building may be required to be designed by a Colorado
registered engineer. (Building Inspection)
N. 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 Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Building Inspection)
O. 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. (Building
Inspection)
P. Fire resistance of walls and openings, construction requirements, maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by the Weld County Code. (Building Inspection)
Resolution MZ-1081
Gold Stone
Page 5
Q. Building height shall be measured in accordance with the 2003 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building. (Building Inspection)
R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
S. 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)
T. Appropriate Building Permits shall be obtained prior to any construction, grading or
excavation. (Department of Planning Services)
U. 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)
V. 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)
and Capital Expansion Fee Program (Ordinance 2005-7). (Department of Planning
Services)
3. At the time of Final Plat:
A. The Department of Public Works in a referral dated July 29, 2005 has numerous
requirements regarding the internal road and drainage. The applicant shall address
these concerns/requirements prior to recording the final plat. Any questions pertaining to
roadway improvements or drainage shall be addressed to Peter Schei, Civil Engineer, for
the Weld County Department of Public Works. (Department of Public Works)
B. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services and
Department of Public Works)
C. The applicant shall submit covenants for The Gold Stone Creek minor subdivision. The
covenants shall be approved by the Weld County Attorney's Office and County Staff prior
to recording the final plat. (Departments of Planning Services)
D. The right-of-way for the internal roadway shall be dedicated to the County. (Department
of Planning Services)
E. The interior road shall be extended so that the cul-de-sac borders and provides direct
access for Lots 5 and 6 of the subdivision. A fire turn-around shall be provided.
(Department of Planning Services)
Resolution MZ-1081
Gold Stone
Page 6
F. Primary and secondary septic envelopes shall be placed on each lot (secondary only on
Lot 2). All septic system envelopes must meet all setbacks, including the 100 foot
setback to any well. (Department of Public Health and Environment)
G. Septic envelopes shall be designated for Lots 4, 5, 6 and 7 outside of the boundaries of
the 100-year floodplain. (Department of Public Health)
H. 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. (Department of Public Health and Environment)
All landscaping within the site distance triangles must be less than 31/2 feet in height at
maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be
outside the sight distance triangles. (Department of Public Works)
J. Roadway and grading plans along with details must be approved prior to recording final
plat. Indicate stop signs and street names on final roadway plans. (Department of Public
Works)
K. A final drainage report and construction plans, conforming to the drainage report, shall be
approved prior to recording final plat. (Department of Public Works)
L. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Planning Services)
M. The following note shall be placed on the final plat: "Outlot A is to be dedicated to the
North Weld County Water District as a parcel for a public utility facility (water pumping
facilities). Outlot A shall be non-buildable for all other purposes." (North Weld County
Water District)
N. The applicant shall submit Certificates from the Secretary of State showing the
Homeowners Association has been formed and registered with the State prior to
recording the final plat. (Department of Planning Services)
O. The applicant shall submit copies of finalized water agreements with the North Weld
County Water District prior to recording the final plat. (Department of Planning Services)
P. Prior to recording the final plat, the applicant shall provide written evidence from Weld
School District RE-9 which indicates that all district requirements have been met.
(Department of Planning Services)
Q. The applicant shall submit a flood hazard development permit for review and approval by
the Department of Planning Services for any development within the 100-year floodplain.
Flood hazard development permits shall be submitted for review and approval by the
Department of Public Works beginning in Spring of 2006. (Department of Planning
Services/Public Works)
R. The applicant shall submit the name of the street (other than County Road 92.75) within
the proposed development along with the street addresses for review to the Weld County
Sheriffs Office, Department of Planning Services, Postal Services and Emergency
Responders. Evidence of their approval shall be submitted to the Department of
Planning Services. (Department of Planning Services)
Resolution MZ-1081
Gold Stone
Page 7
S. The applicant indicates the location of the subdivision identification sign on the final plat.
The subdivision identification sign shall adhere to the size requirements for quasi-public
signs (32 square feet) as stated in Section 23-2-80.A.3 of the Weld County Code on
property owned and maintained by the Homeowner's Association. (Dept. of Planning
Services)
T. The applicant shall provide a deed ready for recording that transfers ownership of all
subsurface mineral interests to the homeowner's association. (Department of Planning
Services)
U. Prior to recording the final plat, 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). (Department of Planning Services)
Motion seconded by Doug Ochsner
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 4, 2005.
D ted the 4th of October, 2005.
\\ ,-.\k_ .-t-�-� �(4 L yy l
f. _-
Voneen Macklin
Secretary
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heavy. There is water standing on at least two acres of land. Eleven feet may not sound like much but all
the water ends at the house. There are concerns with mosquitoes and West Nile due to the stagnant
water. The flooding happens whether irrigating or not. They have spoken to the State and Duke Energy
with no resolution. If the area stayed in agriculture at least some of the water would be absorbed. The
area will get rain eventually and it will flood the home again. There is no one addressing the problems that
come with the proposed development. The access will compact and cause the water to run off. They
have spoken to the extension agent whom stated there is no solution for their problems on the property.
Their home sits in an area that floods. Any development that compacts the ground will cause more rain
run off to gather at their home.
The Chair closed the public portion.
Tom Holton asked Mr. Gathman if there was anything in the Development Standards addressing the
retention pond. Mr. Gathman stated there was nothing specific; they dealt more with the business.
Don Carroll, Public Works, stated there was nothing about the retention pond, it could be agriculture
related. Mr. Morrison stated it does not have to be part of the USR to mitigate the effects of the USR.
The focus needs to be what the effect of the USR will be not the historical issues.
Michael Miller stated the proposed use will not have an increased effect in the run off for the water. A tree
farm is still an agriculture use and there is no significant impact with the proposed application.
Don Carroll stated Ms. Bystoms home is in a 100 year flood plain. The roadway is compacted now and
will not add to the water run off from the site. The parcel is a large enough agricultural piece of land to
absorb any drainage caused by this use.
Rich Fisher stated he is in agreement with the Development Standards and Conditions of Approval.
Michael Miller moved that Case USR-1526, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Erich Ehrlich seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Erich Ehrlich, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
Tom Holton commented that the applicant should work with the neighbor to address the culvert and the
retention to possible mitigate the concerns.
Doug Ochsner agrees with Mr. Holton's comments.
— CASE NUMBER: MZ-1081
APPLICANT: Gold Stone Center, LLC
PLANNER: . Chris Gathman
LEGAL DESCRIPTION: N2NW4 of Section 16, T8N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A minor subdivision change of zone from A(Agriculture)to E (Estate)for
nine (9)single family residential lots.
LOCATION: East of and adjacent to CR 29 and 1 3/4 miles north of CR 90.
Chris Gathman, Department of Planning Services, presented Case USR-MZ-1081, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards. The
Department of Planning Services is recommending the cul-de-sac and internal access be extended so
that it borders lots 5 &6.
Bruce Fitzgerald asked if the access road is above the flood plain. Mr. Gathman stated they would need
to get a flood hazard permit. The applicant will have to address the flood plain concerns. The access will
need to be further to the west of Spring Creek.
Doug Ochsner asked about the concerns from the Town of Pierce and if those have been addressed. Mr.
Od
Gathman stated that any development in the flood plain will have to get a flood hazard permit and the
concerns will be addressed in that process. There needs to be a road accessing those two lots and it will
TS
be done with an easement to those lots from the cul-de-sac. Mr. Ochsner asked who owned Spring Creek
and whether it was a maintained ditch. Mr. Gathman stated it was a drainage way. Mr. Ochsner asked
about the concern of the Colorado Water Engineer regarding the 9 acre feet of water. Mr. Gathman stated
they were outlining what the typical condition was for North Weld Water District but the applicant can
better address this concern. Staff is waiting for a response from the Division of Water Resources
regarding whether the subdivision can injure existing water rights. The main issue is the well permit that
was issued for this parcel. The Division of Water Resources is requesting clarification in regards to
whether the property owner has installed or plans to install this well.
Tom Hahn, applicant representative, provided clarification on the proposal. The subdivision is intended to
provide and area for 4-5 acre lots for families that have children that do 4H projects and things of this
nature. The land does not meet the prime agriculture designation but can be utilized. The design was
done to accommodate the floodplain in the lots to the east. The internal access will be a public paved
street that will be maintained by the County once dedicated. Private easement to the two east lots, try to
satisfy the non pave access to this area from Public Works. Mr. Hahn stated there is a well permit but
nothing is recorded. There is no intent to drill and it will expire in November of this year. The applicant
does have concern for the Board of County Commissioners regarding the school fees being collected at
final plat but this does cause a significant cost. The street name would be more acceptable if it were done
by the County road grid system. Nunn Fire District agreed with this direction. The applicant is in
agreement with the rest of the Development Standards and Conditions of Approval.
Paul Branham asked about the concern from the Town of Pierce and the damming of the access to those
lots. Mr. Hahn stated the design in conjunction with Public Works allows for conveyance will not create
the dam effect. Mr. Hahn added that the design allows for conveyance of flow for low and high water.
This will not function as dam and they will meet with Pierce to address this. Mr. Gathman stated the
county does not have authority to make them address this since there is not an IGA with the Town of
Pierce.
Michael Miller asked about lots 4&7 containing the floodplain and if there will be enough room to build on.
Ms. Smith stated the septic systems will need to be 100 feet from the floodplain boundary. Lot 4 has an
area outside plain of about 4 acres. The applicant has additional comments regarding the septic
envelopes. Ms. Smith stated she is asking for the envelopes to ensure the locations of them. Ms. Smith
added the 3.S needs to have the section in parenthesis deleted. Mr. Hahn stated that lot 4 is 11.5 acres
and 3.5 to 4 acres is available for the home site. The lots are adequate for the envelopes and septic
areas. Mr. Hahn added that the concern for placing septic envelopes on site could cause the need for
future process since the owner may want their home located in a different place. In doing this it will cause
the various departments more work in the long run with additional inspections and processes.
Michael Miller asked Mr. Schei about the road and cul-de-sac being extended in the middle of the
floodplain area which would be an issue if there was a flood with no place to turn around. Mr. Hahn added
that the access turn around will not be in the flood plain it will remain in the middle and the remaining road
to the east will be gravel with the needed area for turn around. There could be other alternatives for
emergency vehicles.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Crystal Dirks & Bernie Dirks, neighbors, indicated their objections to this proposal. Their property line is the
north boundary of this proposal. There is nothing in this location and CR 29 is a concern. The traffic will
double in the area and property values could decrease. They wanted to raise a family in the country and not
have to see the growth. The crime rate will increase also. The water is a big issue due to the possible loss in
pressure and ability to serve. Spring creek will flood it always does. There are also an endangered species of
owls on the back of their property. The school buses do not drive into the area so she takes the kids to
school.
Ruby Scheller, neighbor, indicated concerns with the development. Spring Creeks does flood with about 3-6
inches of rain. The water has gone over the Railroad tracks and Hwy 85. Ms. Scheller does not approve of
this type of use in an agriculturally predominant area. There are several homes for sale in area so there is no
need to build more.
Sharon Scheller, neighbor, indicated concerns with the proposal. This is a viable agricultural property. It has
raised wheat in the past and the area is good for 4H children but this proposal does come with the red flags.
Spring Creek is a viable Creek and should not be viewed lightly. The neighbors are not in support of this and
an additional nine homes will bring issues that do not need to be addressed.
The Chair closed the pubic portion.
Tom Hahn stated it is difficult to respond to emotional comments. The County allows for this type of use and
provides for it through County Code. A traffic study has been done to determine the existing traffic and any
additional traffic this may cause. It was deemed to fall within the standards. With regards to property value,
this type of development may bring the value up. There is no way to respond to the possible crime rate but
there will be increased activity in the area with the homes. The concern for the well permit will take care of
itself and this project will use a domestic system. North Weld Water requires raw water shares and they are
requesting a pumping station which will be provided. This proposal will enhance the area. Agriculture is
important and will continue to be. There are small parcels in the area which gives some the opportunity to
afford them. Brian Shear, Shear engineering, provided clarification on the water concerns. Doug Ochsner
asked if Lots 4 & 7 will flood. Mr. Shear stated that studies have been done for Spring Creek. There have
been studies done dealing with flood control and drainage improvement for the Town of Pierce and this is
included in the drainage report. There is a specific number of cubic feet per second (c.f.$)as it hits Pierce
according to this study which is 9000 c.f.s. which is a large number. The numbers were used and this model
was reviewed. A meeting was set with Mr. Schei discussing the possible flows and design. The access
through the flood plain is lower with box culverts. The actual flow was 250 and the design was accommodated
to this. The flows have been addressed according to the projected flows.
Michael Miller asked if there were any alternative accesses to Lots 5&6 in the event of a 100 year flood. Mr.
Shear stated the water would not be 3 feet in depth and the homes and driveways would be raised. Mr. Hahn
stated there is no alternative access.
Peter Schei added clarification to the roads in the county located above this and there configuration and
design. Chapter 24 table was referenced. There is no standard for access to home with 100 year flood. A
local roadway is designed to handle a 10 year storm while a collector is designed for a 25 year storm. Mr.
Fitzgerald asked what would be required. Mr. Schei stated there are no standards or requirements. Mr.
Morrison stated there is a general standard about access but no numeric study standard.
_ Michael Miller asked Mr. Shear if there were any studies done to determine what would make that access
impassable. Mr. Shear stated there were box culverts installed to handle 250 c.f.s.and the County standard
contains allowable depths. Mr.Shear stated a 10 year study was done for the Town of Pierce and it indicates
4000 c.f.s so the box culverts will overflow with approximately 2 feet of water and will act as a weir.
Bruce Fitzgerald asked for clarification on staff changes. Mr.Gathman addressed the changes. Ms.Smith is
requesting the deletion of the language in the parenthesis on 3.F.
Michael Miller moved to accept staff changes to 2.D, 3.A and 3.F. Chad Auer seconded. Motion carried.
Michael Miller indicated there seems to be two issues that need to be discussed. The first issue is having a
subdivision built next to rural residential areas while there are other places to build. There are no neighbors
that want a subdivision next to it. The second issue is there are significant design flaws in the studies with
water and the creek. Lots 5 &6 being not accessible are not acceptable. Mr. Miller will not be in support of
this proposal.
Paul Branham agrees with Mr. Miller. Lots 4&7 are in a floodway restricting the area for septic or structures
and the water is a definite concern.
Roy Spitzer stated he is confused by the comments made regarding the Mr. Schei. Mr. Schei stated the
county roads to the north would not be passable in a 10 year flood. Mr.Spitzer suggested a standard might be
beneficial. Mr. Schei stated that if the road was built up it could cause a dam effect.
Tom Hahn indicated there was no intent for an unsafe situation. What was attempted was something that
adhered to the County standard. They had looked at open space to the east of the floodway. The applicant is
willing to reconfigure the lots to address some of the concerns brought forward.
Michael Miller indicated this would be a redesign of the application and would need to be a new application.
Mr. Morrison stated this is a change of zone application which will be recorded and the lots are not on the plat.
Mr. Hahn stated the layout can be further discussed. Mr. Gathman is willing to look at redesign of the lots.
There will be no platting at this stage. The change of zone is in part to see what is proposed not final. Ms.
Smith would like to see septic envelopes on all lots. This can change until building permit are issued. Change
of zone specifically deals with the ground not the development itself. Ms. Smith clarified the need for septic
envelopes and the acreage needed to satisfy the requirements. There is a process that will allow the applicant
to modify the septic envelopes.
Peter Schei indicated that Public Works did not intend to lead anyone into false assumption with regards to the
access.
Tom Hahn indicated they were in agreement with the Development Standards and Conditions.
Chad Auer asked if there were other lots in the County that do not have access during a flood situation. Mr.
Schei indicated there are other properties in the County that do not have access during flood conditions. Mr.
Schei stated there are others in the county but the intention is to not promote this. Mr.Miller stated that there
have been some but they have slow water crossing the roadway. Mr.Auer stated it is hard to make a decision
based on margins.
Michael Miller moved that Case MZ-1081,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer,yes; Erich Ehrlich,no; Michael Miller,yes;Chad Auer,yes;Tom Holton,no; Doug Ochsner,yes;Bruce
Fitzgerald, yes; Paul Branham, no. Motion carried.
Tom Holton commented that this application is not complete. Passing the proposed plat on to the Board of
County Commissioners is not acceptable and if the plat is submitted as part of the application it will be
deemed as part of the application.
Roy Spitzer commented that he would not vote for this if the lots 4-6 are included as presently platted. It has
been seen what happens when homes are in these types of situations.
Erich Ehrlich commented that he agrees with Mr. Holton. He would like to see the open space to the east.
Doug Ochsner commented this is a change of zone only and this is the highest and best use for the property.
Mr. Ochsner stated the safety reasons are a major concern; it is great to have a subdivision for the 4H type
projects. Do not make a nine lot subdivision; make it fit the surrounding area. Even though nine lots are
allowed this does not have to be a situation that utilizes all nine lots.
Michael Miller commented this case will come back to Planning Commission at final plan. Ayes vote does not
mean the existing lot layout is approved as it.
Bruce Fitzgerald commented lots 5 & 6 should not be considered as buildable lots.
CASE NUMBER: USR-1527
APPLICANT: Waste Management Disposal
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NW4 of Section 7, T7N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use
by right of accessory use in the Commercial or Industrial Zone Districts
(Administration Facility, Container Repair Facility, Fueling Station, Truck
Wash, Container Storage, and Truck Storage in the A(Agricultural)Zone
District
LOCATION: East of and adjacent to CR 25 and south of and adjacent to CR 82.
Chris Gathman, Department of Planning Services, presented Case USR-1527, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards.
Bruce Fitzgerald asked how long the landfill has been in business. Mr. Gathman stated it has been at least
10 years.
Doug Ochsner asked where the home owner that wrote the objection letter was located. Mr.Gathman stated
they are north west of the site.
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