HomeMy WebLinkAbout20053040.tiff RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application
for:
CASE NUMBER: USR-1516
APPLICANT: Herbert & Karen Legg
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-3195; Pt E2E2SW4 of Section 22, T2N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
kennel (200 dogs) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 18 and approximately '/: mile east of 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 34.9 acres and already
has an existing kennel on site 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 west
of the site, residential uses (Aristocrat Ranchettes) is located to the south of the site,
and agricultural uses to the east and north. One letter has been received from a
surrounding property owner stating that they are in favor of the application.
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 CO Nt
required to adhere to the fee structure of the County Road Impact Program. I 1
(Ordinance 2002-11) 6x ,
2005-3040
Resolution USR-1516
Herbert Legg
Page 2
F. Section 23-2-220.A.6 -- The site consists of approximately thirty four point nine (34.9)
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 not prime soils.
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 for review. (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)
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 written evidence to the Weld County Department of
Planning Services verifying that the occupants of the mobile home permitted by
ZPMH #733 and ZPMH #734, for temporary accessory farm use, are principally
employed at or engaged in the farming operation on the subject property in
accordance with Section 24-4-170 of the Weld County Code. The evidence shall
consist of tax records, employment agreements or other documentation as
determined suitable by the Weld County Department of Planning Services. Failure to
submit the required documentation may result in the cessation of the allowance of the
mobile home for temporary accessory farm use. (Department of Planning Services)
C. The applicant shall apply for a ZPMH for the third mobile home/RV on site or remove
the home from the site. (Department of Planning Services)
D. 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)
E. 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
Resolution USR-1516
Herbert Legg
Page 3
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)
F. 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)
G. 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 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)
H. 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)
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)
J. The plat shall be amended to delineate the following:
1. All sheets of the plats shall be labeled USR-1516 (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)
Resolution USR-1516
Herbert Legg
Page 4
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 Road 18 is 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 Road 18 shall be delineated as future right-of-way on the plat. This
road is maintained by Weld County. (Department of Public Works)
7. The applicant shall utilize the existing access to the site. All approved
accesses shall be clearly shown on the plat. (Department of Public Works)
8. 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)
9. The approved Landscaping and Screening Plan shall be delineated on the
plat. (Department of Planning Services)
K. 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)
L. 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 maps@co.weld.co.us.
(Department of Planning Services)
6. 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
Herbert and Karen Legg
USR-1516
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 site shall be limited to no more than three (3) employees/helpers as outlined in the
application materials. (Department of Planning Services)
5. This application shall be in compliance with Section 23-3-250 A. and B of the Weld County
Code. (Department of Planning Services)
6. 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)
7. 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)
8. 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)
9. 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)
10. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
11. 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)
12. 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)
13. 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)
14. Adequate toilet and handwashing facilities shall be provided for employees. The helpers
shall be allowed to use the toilet facilities located in the residence. (Department of Public
Health and Environment)
Resolution USR-1516
Herbert Legg
Page 2
15. 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)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
(domestic and commercial well #017082). (Department of Public Health and Environment)
17. 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)
18. 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)
19. 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)
20. All mobile homes as accessory farm uses are temporary. Allowance of the mobile homes
shall be extended only if the use continues to be in conformance with the criteria established
in Section 23-4-170 of the Weld County Code. The mobile homes shall be removed from the
property if the mobile home cannot be legally permitted for an approved use as listed in
Chapter 23, Article IV, Division 3 of the Weld County Code. (Department of Planning
Services)
21. 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)
22. 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)
23. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240,Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250,Weld County Code.
25. 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.
26. 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.
Resolution USR-1516
Herbert Legg
Page 3
27. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
Motion seconded by Tom Holton
VOTE:
For Passage Against Passage Absent
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.
r
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.
\104 C-P
Voneen Macklin
Secretary
7 -19-zoa5
seventy-five feet of their line they are okay with the lots. We are working on a surface use agreement with
them. Duke Energy now owns the Amoco pipeline. There is an existing thirty foot easement along their
lines. Lew Hagenlock, Duke's representative, indicated that no structures can be built over that thirty foot
easement area. I spoke to Mr. Hagenlock about Lot 1. The area to the east of Duke's pipeline and west
of the KP Kauffman line is 1.78 acres, so there is ample room to locate a house in the triangle area. The
remainder of the lot could be utilized for livestock turn-out and a loafing shed or pole barn. Mr. Hagenlock
said that water lines or septic lines can be put under their line or at least one foot above their line. This is
typical for the industry so there is no problem locating a leech field or well on the other side of the Duke
line.
Conditions 1A through 1D require mineral agreements with the lessors before scheduling this case before
the Board of County Commissioners. Based on staff comments to remove the flag pole on lot four, we will
redesign this and lot three will be approximately four acres which still meets the PUD requirements. Part
of a lake is located in the open space. The water in the lake is owned by Lupton Meadows Ditch and the
lake will not be utilized for recreational use.
We agree with all of staff's conditions and I will answer any questions at this time.
John Folsom said that he hoped that any prospective buyers are made aware of the pipelines and
easements prior to purchase. Ms. Light assured him that this information would be available to them prior
to any purchase. Bryant Gimlin asked if any of the water wells in the area could be rated for fire protection
flow. Ms. Light said that was not possible but that the prospective homes would contain sprinklers.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
James Rohn asked the commission members about their feelings regarding the number of gas lines on
the property. Bryant Gimlin said there are plenty on the site but they have agreements with the oil and gas
companies so he sees no problem. Chad Auer agreed with Mr. Gimlin and added that the process the
applicant has gone through mitigates conditions so both entities can do what they want on property. Mr.
Gimlin added that this is actually better planned than what they usually see. John Folsom said the existing
fences give the prospective purchaser a clue as to land layout. Mr. Rohn likes the idea and thinks it is
serviceable but that all the well and gas line on formation be made available to prospective purchasers.
James Rohn moved that Case PZ-1075, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. John Folsom 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: USR-1516
APPLICANT: Herbert& Karen Legg
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-3195; Pt E2E2SW4 of Section 22, T2N, R66W of the 6th \ }
P.M., Weld County, Colorado. X �J
REQUEST: A Site Specific Development Plan and Special Review Permit for a
kennel (200 dogs) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 18 and approximately % mile east of CR 31.
1
Jacqueline Hatch, Department of Planning Services. Herbert and Karen Legg have applied for a Site Specific
Development Plan and a Special Review Permit for a Kennel (200 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 approximately % mile east of CR 31.
SUP-103 currently overlays five properties consisting of four owners. A letter was sent to Herbert and Karen Legg
and the other three property owners on April 7, 2005 giving notice of a probable cause hearing before the Board of
County Commissioners as the site was not in compliance with the original permit on site SUP-103.
The Leggs then submitted this use by special review to continue the kennel use on their specific property.
The other three property owners are working on their own use by special review application, an amendment
to the original SUP-103, and one request to vacate SUP-103 from their property.
The surrounding area consists of kennels to the west of the site. Residential uses (Aristocrat Ranchettes)are located
to the south of the site, agricultural uses to the east and north. One letter has been received from a surrounding
property owner stating that they are in favor of the application. 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 except 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 Ms. Hatch if this case was similar to Case AmUSR-631 where we were changing
names or are we increasing numbers of dogs. Ms. Hatch replied that it is different in that five people are
using the same use by special review, which is not allowed, so each must ask for a new use by special
review or vacate SUP-103. It will not be a name change it will be its own use by special review. Mr. Rohn
asked how many animals were approved for SUP-103. Ms. Hatch replied it was for two hundred dogs.
The Franks will be amending SUP-103. The Hacketts and the Leggs will each need to apply for their own
use by special review. Tom Holton asked where SUP-318 is located for the rabbits and worms? Ms.
Hatch showed on the overhead that it was located northwest of this site.
Herbert Legg, 15027 CR18, Longmont, CO 80504. Two hundred dogs sounds like a lot of dogs but
probably one hundred and twenty five of them are housed twenty three of twenty four hours a day inside of
a building. We turn them out five times a day for one half hour. Bryant Gimlin asked Mr. Legg whether he
was boarding or raising greyhounds. Mr. Legg replied that he had been racing greyhounds at the
Loveland track for approximately twenty five years. Tom Holton inquired if the Franks and Hacketts will
have to build own kennels. Mr. Legg responded that the Franks will have to construct kennels as their
father has retired from the business and gave the property to his son. Mr. Holton asked Mr. Legg what
times the dogs were allowed outdoors. Mr. Legg said the dogs are let out at 5:30 A.M., 9:30 A.M., 2:00
P.M., and 8:30 P.M.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bryant closed the public portion and asked Mr. Legg if he had read and agreed with the conditions of
approval and development standards. Mr. Legg replied that he had read them and did agree. Don
Carroll, Weld County Department of Public Works, said there was a duplication in the conditions and
development standards. Items J.8 and number 22 read the same so one needs to be eliminated. Ms.
Hatch suggested they eliminate number 22. Bryant Gimlin asked for a motion. James Rohn moved to
eliminate development standard number 22. Tom Holton seconded. Motion carried.
John Folsom moved that Case USR-1516,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards as amended with the Planning Commissions'
recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes;
Bryant Gimlin, yes; James Rohn, yes; Tom Holton, yes; Chad Auer, yes. Motion carried unanimously.
CASE NUMBER: PZ-1074
APPLICANT: Frank Wright
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of AmRE-3381; Pt S2NW4 of Section 5, T1 N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Application for Change of Zone from A(Agriculture)to PUD for nine (9)
residential lots with E (Estate) Uses.
LOCATION: East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
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 along with ninety-six acres of
open space on one hundred forty 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 for trail riding and a passing view
corridor and is conducive to ranching operations. The applicant is requesting that the requirement of
curbs and gutters be waived. The applicant is also requesting a sign at the entrance of the PUD. As this
is an entrance sign and not a commercial sign, the Planning Department is recommending a total sign
size of thirty-two square feet. The Department of Planning Services is recommending that curbs, gutters
and sidewalks be required for this PUD.
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.
Planning staff has determined that the submitted application does comply with the twenty standards
described in Section 2 of the PUD ordinance with the exception of the following:
Section 27-6-90, Signage—Section 27-2-90.C. states:"Signage within a PUD shall adhere to all
requirements in this Chapter and Chapters 23 and 26 of this Code, if applicable."
The Department of Planning Services has consistently required that subdivision signs adhere to
the size standards of signs for public and quasi-public uses,which is 32-square feet,per Section
23-4-80 of the Weld County Code. The applicant is proposing a sign that is larger than 32 square
feet. The Department of Planning Services recommends that the size of the PUD entrance sign
not exceed 32 square feet.
Section 27-2-190, Urban Scale Development — Section 27-2-190 states: "Urban scale
developments are developments exceeding nine (9) lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries."
The subject property borders the Carmacar Estates, Peaks at Mountain View and Summit at
Mountain View Subdivisions to the west and therefore is considered urban scale development.
The Departments of Planning Services and Public Works have consistently required curb gutter
and sidewalk for urban scale developments.
The applicant is requesting a waiver from the curb, gutter and sidewalk requirement for this
proposed subdivision. The Department of Planning Services is recommending curb,gutter and
sidewalks for this subdivision.
The applicant is in the process of negotiating mineral agreements with Encana and Anadarko. The
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