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HomeMy WebLinkAbout20052341.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, July 19, 2005 A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Bryant Gimlin, at 1:30 p.m. ROLL CALL Michael Miller Absent Bryant Gimlin John Folsom James Rohn • Bruce Fitzgerald Absent Tom Holton Chad Auer ,_ r Doug Ochsner Absent James Welch Absent Also Present: Kim Ogle,Chris Gathman,Jacqueline Hatch,Don Carroll, Peter Schei,Char Davis, Pam Smith, Lee Morrison The summary of the last regular meeting of the Weld County Planning Commission held on July 5,2005,was approved as read. Hearing items to be continued: — CASE NUMBER: 2ndAmUSR-1198 APPLICANT: Marcum Midstream 1995-2 Business Trust PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of AmRE-3308; Pt N2NW4 of Section 32, T4N, R65 of the 6th P.M., Weld County, Colorado. REQUEST: Amended Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility(Class II Oilfield Waste Disposal Facility and a Solids Recovery System) in the A(Agricultural)Zone District LOCATION: South of and adjacent to CR 40 and 250 feet more or less east of CR 39. Kim Ogle, Department of Planning Services. Dale Butcher, on behalf of Conquest Oil, has requested an indefinite continuance in order to review solid waste issues with the State of Colorado. In my visits with Mr. Butcher, it appears that this should be resolved soon and Mr. Butcher is requesting this case be placed on the August 16 agenda and staff is in support of this recommendation. Moved by James Rohn that 2ndAmUSR-1198 be continued to the August 16, 2005 hearing. Seconded by John Folsom. Motion carried unanimously. Consent Agenda items: CASE NUMBER: USR-1518 APPLICANT: John & Kellie Hathaway PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of RE-1747; Part of the SE4 of Section 20, Ti N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone District (Sale of wood chips and agricultural related products) in the A(Agricultural)Zone District LOCATION: North of and adjacent to CR 6; and west of and adjacent to Interstate 76. Neither the applicant, the board members, or members of the audience wished to have this item removed &aznt diem g- 15- 2005 2005-2341 from the consent agenda. Moved by James Rohn that USR-1518 be forwarded to the Board of County Commissioners with recommendation of approval including the development standards and conditions of approval. Seconded by John Folsom. Motion carried unanimously. The following items will be heard: CASE NUMBER: USR-1513 APPLICANT: Chris &Joe Miller PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot A& B of RE-2617 pt of W2NW4 of Section 27, T3N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a Recreational Facility with uses similar to those seen at Guest farms and fairgrounds in the A(Agricultural)Zone District. (For a complete list of uses see application) LOCATION: South of and adjacent to State Hwy 66 and east of and adjacent to CR 19 Jacqueline Hatch, Department of Planning Services. Chris and Joe Miller have applied for a Site Specific Development Plan and a Special Review Permit for a Recreational Facility with uses similar to those seen at guest farms and fairgrounds in the A(Agricultural)Zone District. Including—spring festival, fall festival, Christmas festival, giant air slide,jumping castle, on-farm market, picnic area, plat set(slide and swing set), hay maze, corn maze, petting zoo, dirt pile, hay rides, miniature golf, paint ball course, you-pick produce, train and fire truck ride, haunted corn maze, potential use for wedding receptions and birthday parties, Christmas tree and wreath sales and teepees. The sign announcing the Planning Commission hearing was posted June 3, 2005 by Staff. The site is located South of and adjacent to State Highway 66, East of and adjacent to County Road 19. A letter dated June 21, 2005 from Chris and Joe Miller state that they wish to amend their application as follows; 1. Change the hours of operation from 9-6 to 9-10 2. Change the months of operation from April though mid June to May through June and September 10`" through Thanksgiving to September 10th through Christmas 3. Delete paintball from the application and add haunted hayrides and overnight camping, limited to small groups. Staff has amended the Development Standards to reflect these changes as follows. Development Standard #2 The site is limited a giant air slide,jumping castle, on-site farmers market, picnic area, play set (slide and swing set), hay maze, corn maze, petting zoo, dirt pile, hay rides, miniature golf, you-pick produce,train and fire truck ride, haunted corn maze,haunted hayrides,wedding receptions,birthday parties,and Christmas tree and wreath sales. Temporary Assemblage Permits will be required for overnight camping. Development Standard #8 The hours of operation are from 9:00 am to 10.00 pm, 7 days a week as indicated in the application material for the following time periods. Spring Festival—May though June Fall/Winter Festival—September 10th through Christmas Overnight Camping/Special Events—a Temporary Assemblage Permit shall be applied for and approved by the Board of County Commissioners prior to the use of the site for overnight camping/Special Event regardless of the number of people. There will be no more than one special event a month consistent with the Use by Special Review seasons. The applicants have submitted an additional letter dated July 7, 2005 stating that they will remove the entertainment hall/structure from the map. If they wish to proceed in the future with an entertainment hall they will need to apply for an amended USR. 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. 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. 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. This site is located within 3-miles of the towns of Frederick and Firestone the City of Fort Lupton. The Town of Frederick indicated no concerns. No referral comments were received from the Town of Firestone and the City of Fort Lupton. The site is not located within any overlay district. There are no apparent geological or soils conditions that will prevent development. The applicant is in the process of negotiating mineral agreements with KP Kaufmann and the applicant has indicated that this agreement is nearly finalized. It is my understanding that they do have an agreement in place with Kerr-McGee. There are also 3 gas pipeline easements that cross the property. One of these passes through the residential portion of the PUD. This pipeline is used by Duke Energy. Duke Energy indicated in e-mail correspondence with the applicant that the homeowner of Lot 1 be aware that no structures could be built within the easement and be aware of the rights of Duke Energy to access the R-O-W easement. Duke would be willing to relocate this line if necessary provided the costs are paid for by the applicant or landowner. In initial correspondence between the applicant and the Fort Lupton Fire Protection District, the fire district requested a 90-foot turning radius for the cul-de-sac. The applicant has agreed to the 90-foot turning radius. The Fort Lupton Fire Protection District also recommended that the applicant explore bringing public water to the site for fire protection services. The applicant indicated that the water service was at least a mile away and it would be too costly to extend public water to the site for fire protection. No referral response was received from the City of Fort Lupton at the change of zone application. The Department of Planning Services has determined that this PUD is in compliance with Section 27-6- 120 of the Weld County Code and recommends that this application be approved. James Rohn asked Mr. Gathman about the number of well heads on the site, having counted ten, and if a PUD has ever been approved that contains that many well heads on it. Mr. Gathman replied that there are that many well heads on the site and that some of the older PUD's in the county contain that many well heads. Mr. Rohn expressed concern about approving new developments with that many well heads, pointing out that older PUD's have been much larger than this one. Mr. Rohn also expressed concern about the 4 inch gas line that travels through the proposed site. John Folsom inquired whether the well heads and tank batteries would be fenced. Mr. Gathman replied that they are to be fenced per the agreement. Lauren Light, LANDPROfessionals, 4350 State Hwy 66, Longmont, CO 80504. With me today is Mr. Joe Rutledge, Mr. Tom Bennett's broker. Mr. Bennett is the owner of the property and couldn't be here today due to a previously scheduled out of town trip. The sketch plan for Maverick Ranch was administratively approved by the Planning Department on November 11, 2004. We worked closely with the State Division of Water Resources to ensure adequate water for this subdivision since it is on wells. We had to re-permit an existing well that is located on a recorded exemption lot and there is a copy of that permit in your packet. The re-permitting took several months which is why it took us so long to submit the change of zone. The subdivision will be serviced by individual wells and septic. The average lot size is approximately five acres. The PUD will adhere to the requirements of the Estate Zone District. The open space area is dryland and consists of approximately ninety-six acres which will be utilized for limited grazing as well as provide an area for lot owners to ride their horses. There were no adverse comments from referral agencies. The fire district is requiring a 90 foot cul-de-sac which we will provide. I spoke with the school district and they liked the size of the cul-de-sac as they could turn their bus around and get off of the main road. There are several gas lines on this property. I have spoken with representatives from Kerr-McGee, KP Kauffman and Duke Energy. We do have a surface use agreement with Kerr-McGee and we are still pursuing signatures from them. KP Kaufmann indicated that as long as no structures are built within 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. Pad 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. 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. 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 1/2 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, T1N, 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 applicant has indicated that these agreements are nearly finalized. The Division of Water Resources has indicated that the proposed water supply would not cause material injury to existing water supply and that the water supply is expected to be adequate. However, the Division said the water amount stated in the water summary information sheet is low. The applicant has provided updated information regarding landscaping in the common open space area along with the original agreement with the Lower Boulder Ditch Company. The applicant has been working with the Lower Boulder Ditch Company regarding an agreement pertaining to the conveyance of drainage water into the ditch. An agreement has not yet been finalized. David Yardley, with the Lower Boulder Ditch Company indicated that he would be at today's hearing if the Planning Commission would like him to speak on this issue. The Department of Planning Services has determined that this PUD is in compliance with Section 27-6- 120 of the Weld County Code and recommends that this application be approved. Bryant Gimlin asked about other PUD's and if they have curbs, gutters and sidewalks as part of their requirements. Mr. Gathman replied that he had looked into three subdivisions: Carmacar; the Summit at Mountain View; and the Peaks at Mountain View; none of which had requirements for curbs, gutters and sidewalks. Frank Wright, Boulder, CO. This property consists of seventy-four acres he would like developed into nine lots and three non-residential outlots. Anadarko has requested the fourth non-residential lot have no property lines running through their operations area so he made it an agricultural outlot with no fences placed in the middle of the lot. Mr. Wright said he has been working with David Yardley, Lower Boulder Ditch Company regarding the retention pond that drains into ditch. The average lot size is six acres; the right-of-way takes 4.2 acres; the retention pond takes 1.8 acres; and the open space is 13.4 acres. Mr. Wright requested the requirement for curbs, gutters and sidewalks be waived as other developments in adjacent areas have none and he wants to preserve the rural feeling. The houses are proposed to be located at the top of the hill to maximize the best views, and curbs, gutters and sidewalks would have to run uphill quite a long distance. The ditch company has also requested no curbs, gutters and sidewalks to better control run-off to the retention pond and the ditch. Tom Holton inquired about paving and something in-audible to do with the ditches. Mr. Wright replied in the affirmative. Mr. Wright agreed with the conditions of approval and development standards except for the requirement of curbs, gutters and sidewalks. Pam Smith, Department of Environmental Health, said that due to the relatively good condition of the soil and the large size of the lots, she was not going to require primary and secondary septic envelopes on the lots, therefore on page seven, items 3.G and 3.H can be removed. James Rohn moved that items 3.G and 3.H on page seven be deleted. Tom Holton seconded. Motion carried. John Folsom asked Mr. Gathman about Section 27-2-190 of the Weld County Code which says urban scale development requires support services such as central water and sewer systems. Are we interpreting septic systems to be a sewer system. Mr. Gathman said a septic system is not an urban scale sewer system. There have been several urban subdivisions with more lots than this one that were on septic. Ms. Smith said the Commissioners intentionally left this vague so we could deal with these types of situations on an individual basis. Mr. Folsom asked if this was a broad interpretation. Mr. Gathman replied that it was. The Chair asked if there was anyone in the audience who wished to speak for or against this application. David Yardley, 3838 Florentine Circle, Longmont, CO 80504, Secretary and Director of the new Lower Boulder Consolidated Ditch Company. Mr. Yardley said he had two major issues with development flows into the ditch. The quality of the water from agricultural flow is entirely different from pavement and roof top flow which contains anti-freeze, chemicals, oil etc. The quantity is also an issue due to a structural integrity standpoint for the ditch. If there are concentrated, unregulated flows, it may compromise the integrity of the structure. Mr. Yardley also said the ditch company prefers the absence of curbs, gutters and sidewalks to better control run-off to the retention pond and ditch. Alison Berry, Woodrow& Sobel, P.C., representing Anadarko Land Corporation, wants their objection letter, dated June 3, 2005, and submitted by Molly Sommerville, to be a part of the proceedings. Anadarko and Mr. Wright have reached agreement since filing objections with the county regarding the hard rock minerals. Anadarko does not object to the oil and gas interests or to the zoning for the property, but would object to the approval by the county of a final plat for the property in the absence of an agreement between the Anadarko entities and Mr. Wright. Ms. Berry said they want surface use agreements with Kerr-McGee and Encana in place prior to final approval and anticipate those will be executed in the next few weeks. Anadarko's goal is to have a final surface use agreement in place prior to approval of the final plat for the property. Chad Auer moved that we amend 1.B, page 5 and delete (with Kerr-McGee and Encana Energy Resources, Inc.). Second by James Rohn. Motion passed. Bryant Gimlin asked Mr. Wright, the applicant, to step forward to discuss the curbs, gutters and sidewalks once again. Mr. Gimlin said as he sees it they have three options: leave it as is; change it; or defer to the Board of County Commissioners. Tom Holton said the interpretation is so broad it should not require curbs, gutters and sidewalks. Mr. Gimlin agreed they should not burden the applicant as other similar developments have no curbs, gutters and sidewalks and also because the ditch company is requesting they be waived. James Rohn said other PUD's do not requires curbs, gutters and sidewalks and that normally he would be in favor of this requirement but supports waiving the requirement. Chad Auer said he feels the requirement is beneficial to developments but in this case it makes sense and he reluctantly agreed to waive the requirement. Tom Holton motioned to waive the curb, gutter and sidewalk requirement. Mr. Gathman then pointed out that this was not a condition of approval or a development standard. Mr. Gimlin responded that the commission was adding their recommendation to that of staff. Mr. Morrison said a motion was not required to get that recommendation to the board as it would be reflected in the minutes, but if the commission wanted to make a formal motion, they could do so. Mr. Holton withdrew his motion. Mr. Holton asked if it would be a requirement to vegetate the edges of the barrow ditches along the side of the road. Mr. Gathman said there is a requirement in place where the applicant must come to an agreement or provide evidence that they have addressed the concerns of the ditch company prior to scheduling of the board hearing. If it is not a condition in the agreement, it is something that we could look at adding. Mr. Gimlin asked Mr. Gathman to look at page 6, items 2. A. 6 and 2. D., as they say the same thing. Mr. Gathman agreed that item 2.D could be removed. It was moved by James Rohn and seconded by Chad Auer to remove item 2. D. Motion passed. John Folsom asked Mr. Gathman if planning looks at the maps in regard to coal mining. Mr. Gathman replied that they do look at a geologic hazard map that determines whether the subsidence area is severe, moderate, slight or not at all. Mr. Gimlin asked Mr. Wright if he agreed with the amended development standards and conditions of approval. Mr. Wright said he agrees. Chad Auer moved that Case PZ-1074, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval as amended. 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: Metropolitan Service Districts Planner: Kim Ogle, Chris Fellows Lee Morrison, County Attorney, said the item up for discussion is a set of policies that will help guide the Planning Commission and the Board of County Commissioners in the consideration of special districts in the future. In the past, the county has had no specific policies in place that dealt with the long term ramifications of creating special districts and what might be done in the service plan review process that would help direct those districts in a way that was consistent with the county's policies and Comprehensive Plan. Mr. Fellows has extensive background in financing and the clean-up of financing gone bad on special districts. He came to us suggesting that he could be of assistance in creating those policies. If approved, they would go through a full review process and likely become a part of the code. As written, they still leave some room for the Planning Commission and the Board of County Commissioners to make decisions, but basically they set the bar, which could only be lowered for specific reasons. Chris Fellows, Fellows Financial, Inc., a third generation Coloradoan with experience in land development and real estate for twenty-one years. Mr. Fellows said his background was in special districts, most particularly those with financial problems. Mr. Fellows said he began talking with the county about this project a year ago and working in earnest on it in December 2004, with the goal of composing a policy for the county to adopt for special districts. They have held numerous workshops with county staff and the Board of County Commissioners, and when that policy was drafted, it was sent out for recommendations from three of the top district law firms in the state. In their comments, the law firms thought the information presented today was a little too conservative and that the policy needed to be more liberal. This issue is prompted by Weld County's significant growth in the next twenty-five years, which is expected to increase by a quarter of a million people. The county will experience tremendous growth from rural to suburban to urban. Special districts help with methods of financing, increase competition, expand options available to the county and the applicants when building projects. Special districts started in 1949 and there are currently 2234 special districts. These district services may include fire protection, parks, and recreation, ambulance services, libraries, water and sanitary sewer, storm drainage, roads, transportation, mosquito control, security and covenant enforcement. Special districts and district financing provide lower rate competitive financing, with lower risks and better amenitie, for everyone involved. District policies provide a uniform approach for applicants that are efficient and equitable. They provide a reasonable set of expectations and create consistency, thereby leveling the playing field for everyone involved. The philosophy of this policy includes making tools available to both the county and applicants to handle growth; minimizing risk to the county, future residents, bondholders and developers; and encouraging quality growth and enhancing the quality of life for county residents. Features of the proposed policy include: permits districts to be formed; districts to take on operation and maintenance functions; limits tiny districts (two million dollar minimum); requires demonstration of need for each power granted; description of IGA's; limits on inclusion/exclusions; limits extra-territorial service agreements; limits eminent domain; hard cap of 50 mil, mill levy cap; 35 mil issuance test; multiple districts structure limitation; limits on length of time for issuing debt; provision for dissolution; district default controls; and provides a model service plan. Mr. Gimlin said a two million dollar minimum for tiny districts seems low, as twenty-five years from now two million dollars will be one house. Mr. Fellows agreed and he would make adjustments for a living or inflation index. Mr. Auer asked about policy for municipalities regarding metro districts and whether the numbers would be higher or lower. Mr. Fellows said that many smaller municipalities don't have a policy for assessed valuation and of those he had read, a tiny tweak in the marketplace put them in terrible shape. This might be the only policy he has seen that will have a written standard for assessed valuation. Mr. Fellows said the policy will also require a demonstration of need for each power granted and no power will be granted if no need has been demonstrated. In the IGA's, proposed or planned by the district, policy must be generally described, along with supporting rationale, in the Service Plan. We have a limitation on inclusion and exclusion. If after the initial Service Plan, they decide to change who they want to include or exclude they have to come back to the county and get permission. It may be conservative but it is important. We limit extra territorial service agreements. If they want to serve outside their district they need to get permission. One of the really useful things about districts can be the power of imminent domain where they can condemn property in order to implement their infrastructure. In order to prevent abuse, the service plan submitted to the county by the district has to provide a master infrastructure plan. They may not use their power of imminent domain outside of that plan. If they want to go outside that plan, they must receive approval from the county. We have a hard cap on the mill levy. Mr. Fellows said that out of everything he has presented today, the single most important thing in keeping the district from having problems is a cap on the mill levy at fifty mils and that includes both debt service and operations of maintenance. We also do not allow for what is called "burn off' of the cap (as the City of Aurora has done). When your debt to assessed value ratio is two to one, they allow the mill levy cap to burn off. Mr. Fellows believes that is terrible public policy in that it allows people to default. We have put a hard cap in place and it includes debt service. Mr. Gimlin asked Mr. Fellows to explain the concept of"burn off'. Mr. Fellows explained that when you get to the point where your assessed valuation is two hundred per cent of your debt, you are no longer subject to the cap. Some investment bankers that were really active in the new policy saw that as an important tool in helping sell the bonds at a more competitive rate. Mr. Fellows had three additional comments: he does not care if the bonds are hard to sell because if they are that risky he would prefer they not be sold; in the past twenty years he has not seen where the burn off provided a real savings in the bond rate; and lastly the cap on the mill levy puts most of the risk and burden on the developer or the bond holder. We have been further conservative by promoting a thirty five mill issuance test even though the mill levy is limited to a hard cap at fifty mils. We have put language in the policy that multiple district structures will be generally discouraged. It is the intent of Weld County that citizen/resident control of districts be encouraged to occur as early as possible. We limit the length of time for issuing debt without coming back and getting permission from the county. A district can only issue debt for the first fifteen years it has been in existence, after that it must come back to the county for permission. We have provisions for dissolution for a district once the district's debts and financial obligations are fully defeased and once the district has completed all of its operations and maintenance responsibilities. We are not just perpetuating government for the sake of government. In the event a district defaults on its debt or any part of its agreement, we have controls in the policy so that if they do behave badly they have to come back to the county and get permission to move forward. Otherwise they are in material breech of their service plan. Lastly, we have drafted and proposed a model service plan for staff to use as a tool when comparing and examining these plans as they are presented to them. We have included a draft of the county policy; another fact sheet that breaks down the type of municipalities between cities, counties and special districts; and the final sheet is a preliminary population forecast by county, through the year 2030. Mr. Gimlin asked about the remedy in the event of default. Mr. Fellows replied that they must come back to the county for permission to move forward, otherwise they are in material breach and the county could move to have the district dissolved. If a district violates the service plan, the county has severe measures and recourse in place. Mr. Rohn asked if this type of plan is becoming popular in other counties or are we the guinea pig. Mr. Fellows said Aurora was one of the first and most well known. Their plan was initially very conservative but has become quite liberal. Weld County would not be one of the first, but could be one of the more conservative. Mr. Rohn asked Mr. Morrision if this would be part of the code and reviewed only twice a year. Mr. Morrison had two observations: first it will set policies and allow for adjustment of those policies; and second, after initial approval, it provides an opportunity for the district to enter into an extra-territorial service agreement with the consent of the county. While remaining conservative, it is also flexible. It is not our intention that the model service plan be adopted into code, which would allow staff, in consultation with Mr. Fellows to make modifications over time without a formal process. It still would have to meet the intent of the policies. Mr. Morrison asked Mr. Fellows to address who buys these kinds of bonds. Mr. Fellows said the typical buyers are large institutions. Probably ninety percent of bonds in Colorado of this type are purchased by one of about six different entities. Fundamentally they are usually issued in large denominations, half million dollar coupons or one hundred thousand dollar coupons. They usually require credit and investor letters. Mr. Gimlin inquired if they are regulated by the state or the FCC. Mr. Fellows replied that they are regulated by both, depending on the nature of the bonds. Mr. Holton asked Mr. Fellows what these types of bonds are called. Mr. Fellows replied that because of the caps put in they are called "Limited Tax General Obligation Bonds". That is the common phrase and you will see it on the bonds and on the offering statements. Mr. Holton then inquired about the hard cap if a district was losing money. Mr. Fellows responded that there is no foreclosure on the hard cap. The only real event of default for the bond holder would be if the board of directors chose not to issue the mill levy, then the bond holders would have recourse and could go to court. In most cases, today's bond holders are very large, sophisticated institutions and will bear more of the risk than the homeowners, and he finds that to be appropriate. Mr. Holton asked about possible ramifications if the bonds became worthless. Mr. Fellows said they are not necessarily worthless but they are a cash flow obligation. They definitely don't have the value, but they are still able to be sold at competitive rates. Mr.Folsom had several questions for Mr. Fellows which were inaudible. Mr. Fellows respectfully disagreed with Mr. Folsom's comments and said there are countless examples up and down the front range where if services are provided, the statute requires for proof in the service plan and before the board and a public hearing, that the services are not available elsewhere before they are allowed to provide them. Mr. Morrison said the policy is intended to be used in that way, it is not a substitute for developers. He added that Mr. Fellows was asked if the existence of the district should substitute for the availability of collateral for infrastructure that the developers are responsible for roads, sewer, drainage etc. His recommendation was that it was still the developer's obligation. There was more inaudible conversation from Mr. Folsom regarding municipalities. Mr. Fellows said it is becoming common for municipalities to take the best deal. He feels good public policy should be the deciding factor and funding mechanisms should be in place. He wants development to pay their share. Mr. Gimlin said they had that discussion a few weeks ago where they argued whether existing tax payers should be helping to fund new development of roads,jails, infrastructure etc. He said that at least the metropolitan districts do try to address this need. Mr. Gimlin then asked if the bonds are limited to who can buy them. Mr. Fellows said there are rules in place and heavy restrictions as to who can buy them. They either have to be credit enhanced or sold to credit investors. Mr. Auer asked about the overlapping service area and if a municipal service area is the equivalent of an existing service district. Mr. Fellows said yes. For instance, if you are living in a fire district, you may not do fire powers within your new special or metropolitan district. That would be precluded as that is a service area. Mr. Auer, referring to item 23 in Mr. Fellows' hand out, asked about the language"otherwise not available and which otherwise could not reasonably be provided", and whether that is up to the applicant to demonstrate that it is not reasonably provided. Mr. Fellows said yes, the applicant must prepare a service plan and submit it for review prior to setting up a service district. This language mirrors the state statute language. Mr. Fellows said he would check the state statute to make sure the language is right on point and report back to Mr. Morrison. The reason for this language is to keep the developers and the new districts from duplicating services where they don't need to be if it is not desirable to the county. Mr. Auer then asked for help in understanding the procedure and evolution of this proposal becoming actual policy, and is there more opportunity for public input and comment. Mr. Morrison replied that they anticipate the policy itself will be a code provision and be adopted by ordinance, which will require three public hearings with formal publication. Mr. Fellows may also be asked to give this specific presentation to a broader public audience outside the ordinance process. Mr. Folsom said he feels this opens the county up to urban sprawl. Tom Holton voiced a question that was inaudible. Mr. Morrison responded that the Board of County Commissioners has indicated that they don't think they should be limited to just the MUD as a potential service area. This is intended to deal with how they handle these proposals, but the bigger picture is how the Comprehensive Plan is done, implemented and amended. Mr. Fellows said there is nothing in this plan that will affect the Planning Commission or Board of County Commissioner's ability to affect land use decisions. Mr.Folsom said the county should not be in the urban development business, it should be the responsibility of the municipalities. Tom Holton posed several questions and made several comments that were inaudible. Mr. Morrison said this plan will not give special districts more powers of imminent domain than they already have. It seeks to limit it to within the district or the essential infrastructure that is identified at the very beginning. Mr. Holton said he felt the verbage in the plan gives districts the idea that they can expand imminent domain and wants imminent domain prohibited from affecting open space. Mr. Fellows responded that this does not limit imminent domain though there are statutes that do. Mr. Auer said it will be incumbent on them and the Board of County Commissioners to limit imminent domain and its impact. Mr. Holton asked a question regarding imminent domain and condemnation. Mr. Fellows responded to Mr. Holton that theoretically they have to pay fair market value for property. Mr. Morrison said he and Mr. Fellows will work on the possible loopholes in the language so if it is identified as a park, it needs to be a park and not a code for open space. Mr. Holton had more to say that was inaudible regarding filling Planning Commission seats. Mr. Morrison said they could explore with the Board of County Commissioners if they were interested in the Planning Commission members conducting interviews for new members. Mr. Gimlin asked if there was potential in the metropolitan districts for a developer to use them as a tax dodge. For instance, could goods and services be purchased on a tax-exempt basis. Mr. Fellows said he had never seen that, but that the potential does exist, theoretically. Mr. Gimlin also requested that Mr. Fellows and Mr. Morrison look into the tax issues discussed previously, as he sees that as an area of concern if special districts are allowed the tax free purchase of supplies, fuel, parts etc. that could potentially result in a considerable amount of lost revenue. 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 the proposed Metropolitan Districts Policy be forwarded to the Board of County Commissioners along with the recommendation of approval and with attention to suggested amendments in the following three areas:the cost of living index inflation clause;the issue of imminent domain with particular attention to open space;and that language in item 23 is consistent with state statute. 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. James Rohn took the opportunity to express his gratitude to the planners, other county department contributors, past and present commission members, past applicants and their neighbors, and the citizens of the county for their willingness to take a stand and participate in the process. Bryant Gimlin said that for his part, it has been an enjoyable and challenging seven and a half years Meeting adjourned at 5:10 P.M. Respectfully submitted Voneen Macklin Secretary Hello